Ostroff, Fair and Company
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By legal definition, what state disability determines the meaning to be for the term "industrialy disabled"?


I was advised that my Clifornia claim was denied since I did not work during the period they looked at to calculate my claim award based on income for that period, BUT, if I was "industrially disabled" I should have them use a base period prior to then within which I worked. So I need to know if industrially disabled means "medically determined to be unable to work in my previous career field", or if it means "injured on the job and having had a claim for workman's compensation" for the period of unemployment? Even the people at the EDD told me they are not sure, and THEY are the ones determining if my claim is valid!!

From the California Code:

"Industrially disabled person" means an individual who has received or is entitled to receive benefits under Division 4 (commencing with Section 3201) of the Labor Code, and who is unable to perform his regular or customary work for 60 consecutive days or more, but not to exceed two calendar years from the date of commencement of his industrial disability.

Division 4 - section 3201. This division and Division 5 commencing with Section 6300) are an expression of the police power and are intended to make effective and apply to a complete system of workers' compensation the provisions of Section 4 of Article XIV of the California Constitution.


I take this to mean that you have had a workman's comp claim that caused you to be disabled for more than 50 days.

However, you should speak to an attorney in California to be sure -- most will give you a free initial consultation, and let you know if they think you may possibly have a case. Source(s): http://info.sen.ca.gov/cgi-bin/calawquer...
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