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This entry was published on 2016-04-08
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SECTION 207
Disability while unemployed
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 9
§ 207. Disability while unemployed. 1. Employees entitled to
unemployment insurance benefits. An employee whose employment with a
covered employer is terminated and who during a period of unemployment
within twenty-six weeks immediately following such termination of
employment shall become ineligible for benefits currently being claimed
under the unemployment insurance law solely because of disability
commencing after June thirtieth, nineteen hundred fifty, and who on the
day such disability commences is not employed or working for
remuneration or profit and is not then otherwise eligible for benefits
under this article, shall be entitled to receive disability benefits as
herein provided for each week of such disability for which week he would
have received unemployment insurance benefits if he were not so
disabled. The weekly benefit of such disabled employee shall be computed
in the same manner as provided in subdivision two of section two hundred
four, and the benefits he is entitled to receive shall be subject to the
limitations as to maximum and minimum amounts and duration and other
conditions and limitations prescribed in sections two hundred four, two
hundred five and two hundred six.

2. Employees not eligible for unemployment insurance benefits. An
employee whose employment with a covered employer is terminated and who
was in employment of one or more covered employers and was paid wages of
at least thirteen dollars in such employment in each of twenty calendar
weeks during the thirty calendar weeks immediately preceding the date he
last worked for such covered employer, and who during a period of
unemployment within twenty-six weeks immediately following such
termination of employment is not eligible to benefits under the
unemployment insurance law because of lack of qualifying wages but who
during unemployment has evidenced his continued attachment to the labor
market, shall be eligible for benefits under the provisions of this
subdivision for disability commencing after June thirtieth, nineteen
hundred fifty. If such employee becomes disabled and continues to be
disabled for at least eight consecutive days during such twenty-six week
period and on the day such disability commences he is not employed or
working for remuneration or profit and is not then otherwise eligible
for benefits under this article, he shall be entitled to receive
disability benefits, as herein provided, beginning with the eighth
consecutive day of such disability, for each week of such disability
thereafter. The weekly benefit of such disabled employee shall be
computed in the same manner as provided in subdivision two of section
two hundred four, and the benefits he is entitled to receive shall be
subject to the limitations as to maximum and minimum amounts and
duration and other conditions and limitations prescribed in sections two
hundred four, two hundred five and two hundred six.

3. Payment of benefits. The benefits payable under this section shall
be subject to the provisions and limitations generally applicable to
disability benefits payable under this article, and shall be paid by the
chairman out of any assets in the fund created by section two hundred
fourteen. The chairman may require an employee claiming benefits under
this section to file proofs of disability and of his employment and
wages, and other proofs reasonably necessary for the chairman to make in
the first instance the determination of eligibility and benefit rights
under this section; and may require his employer or his former employer
or employers to file reports of employment and wages and other
information reasonably necessary for such determination. The chairman
may make administrative regulations for such determinations. The
chairman may also by regulation establish reasonable procedures for
determining pro rata benefits payable with respect to disability periods
of less than one week. Any employee claiming benefits under this section
whose claim is rejected in whole or in part by the chairman, shall be
entitled to request a review by the board and shall have all the rights
with respect to contested claims provided in this article.

4. Qualification notwithstanding casual non-covered employment. An
employment of not more than four weeks with a non-covered employer or
employers occurring within such twenty-six weeks period shall not
disqualify an employee from benefits provided such employee was
otherwise eligible to receive benefits under this section at the time
such employment for a non-covered employer commenced.

5. The foregoing provisions of this section shall not apply to family
leave benefits, as family leave benefits are not available to employees
that are not employed at the time family leave is requested by filing
the notice and medical certification required by the chair.