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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110543
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I recieved DI for 1 yr while i file a workers comp claim against

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I recieved DI for 1 yr while i file a workers comp claim against my employer. I just won the comp case and DI was paid back. I was not paid work comp until they excepted responsiblity 23 months later. I used up the 2 yrs of workers comp temp. disability payments and am now trying to get DI to pay back 10 months that I did not recieve anything from DI or WC. I was denied under Sect. 2629 because they say I should have recieved workers Comp. for that time. I have been disabled for over 3 years.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Your recourse here once WC has been approved, is you must file in workers compensation court now for your back pay to get your back pay under W C as you are entitled to. It is not DI's responsibility, it is up to WC to pay the back pay and up to you now to go to workers compensation court to provide you the back pay as they are the ones liable for payment for your disability during that time.

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Customer: replied 3 years ago.

I was temp. disabled for total of 3 yrs. and worker comp. paid 2 yrs which is max. WC carrier did not start paying until two years into healing period. DI paid first year and I recieved noting for 10 1/2 months in between. All workers comp. will pay is 2 yrs; can I get DI to pay the extra time that was before comp. excepted responsibility.

Thank you for your follow up.

Workers compensation does have a 2 year limitation and as such you have to file an appeal with DI regarding payment for any time outside of that 2 year limitations and you have to present that evidence to DI that WC paid their maximum and now DI is liable for the difference.
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