Can a claimant receive healing period benefits or temporary disability benefits for the same period he receives unemployment benefits?  The answer is yes.  The Iowa Workers’ Compensation Commission examined this issue in the 2005 arbitration decision, Snyder v. Smurfit-Stone Container, File No. 5008602 (App. Dec. September 29, 2005).  The Commission stated that “a person may meet the [unemployment benefits] eligibility standard of being able to work even though in a healing period status.”  This I because to be considered “able", you only must be able  to work in some gainful employment, not necessarily in your customary occupation.  One may very well be in a healing period but still able to work.

More recently, the Commission clarified that a person receiving both unemployment benefits and temporary disability benefits might risk receiving overpayments.  Because recipients are liable to repay any benefits that they are overpaid, people who are receiving more than one form of benefits need to be careful they don’t dig themselves a financial hole.  Temporary disability pay is 100% deductible from unemployment benefits—so if you are receiving more than one type of benefits, let Iowa Workforce Development know. 

I like to say to my clients, "Help me to help you." If we can help you call the Lombardi Law Firm to speak with attorneys Steve Lombardi and Katrina Schaefer. We can be reached at 515-222-1110 or by emailing us at [email protected] and [email protected] We look forward to your call.

Source. Decided February 2, 2012.

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