Legal Question in Workers Comp in California
Workers Comp Benefits while incarcerated
My husband has been receiving Workers Comp benefits for an injury sustained at work for the last year. Recently he was incarcerated in a San Bernardino County Correctional facility for violating the terms of his felony probation. Are his dependents (wife and 4yr old child) entitled to receive his Workers Comp benefits while he is incarcerated? What does the Calif Labor Code Section 3370(9)(d) mean? Any help is greatly appreciated. My husbands Workers Comp benefit is our only income.
1 Answer from Attorneys
Re: Workers Comp Benefits while incarcerated
The case law is very confusing and each judge seems to have a different opinion. Generally, unless an inmate is sent to a State correctional facility, I belive dependants are entitled to receive benefits. Problems surface, however, when the carrier receives no formal medical reports because of the incarceration. At that time, without a doctor to substantiate continued TTD, the carrier may stop payment with the risk of penalties later. It will be almost impossible to get a prision physician to issue a comp. report, and I was never able to get a physician to visit a prison.
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