Section 2629.1 Of Article 1. Eligibility From California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 2. >> Article 1.
2629.1
. (a) Nothing in Section 2629 shall be construed to authorize
the delay of payment of unemployment compensation disability
benefits except where the claimant is currently in receipt of other
benefits or where the department has received notice that the
claimant's employer or insurer has agreed to commence the payment of
other benefits.
(b) Notwithstanding Section 2701.5, payments shall commence within
14 days after notice to the employer or insurer under this section
unless the employer or insurer has either paid or has agreed to
commence the payment of other benefits.
(c) Upon the filing of a claim for unemployment compensation
disability benefits, the department shall make an initial
determination as to the claimant's entitlement to other benefits for
purposes of Section 2629.
(1) The department shall notify the claimant and the claimant's
employer if it determines that the claimant is entitled to other
benefits.
(2) The notice to the claimant shall inform the claimant that
disability benefits will be paid pending receipt of other benefits if
the employer fails to agree to pay these other benefits within 14
days of notification of industrial injury and shall advise the
claimant of the provisions of Section 2629.
(3) The department shall also include with the claimant's notice a
pamphlet to be provided by the Department of Industrial Relations
which meets the criteria specified in subdivision (b) of Section
139.6 of the Labor Code.
(4) The notice to the employer shall constitute a claim for
compensation and knowledge of an injury for purposes of Section 5402
of the Labor Code, and shall inform the employer of its potential
liability for interest and penalties under this section.
(d) If the employer or the insurance carrier disputes liability
for the payment of other benefits, or the extent thereof, the
department's right to reimbursement shall be subject to the
jurisdiction of the Workers' Compensation Appeals Board in accordance
with Part 4 (commencing with Section 5300) of Division 4 of the
Labor Code.
(e) An employer or insurance carrier who subsequently assumes
liability or is determined to be liable for reimbursement to the
department for unemployment compensation disability benefits which
the department has paid in lieu of other benefits shall be assessed
for this liability by the department. In addition, the employer shall
pay the department interest on the disability benefits at the annual
rate provided in Section 19521 of the Revenue and Taxation Code. The
employer shall also pay a penalty of 10 percent of the amount
reimbursed to the department if the Workers' Compensation Appeals
Board finds that the failure of the employer to pay other benefits
upon notice by the department under this section was unreasonable and
a penalty has not been awarded for the delay under Section 5814 of
the Labor Code. All funds received by the department pursuant to this
section shall be deposited in the Disability Fund.
(f) The employer shall reimburse the department in accordance with
subdivision (e) within 60 days of either voluntarily accepting
liability for other benefits or after a final award, order, or
decision of the Workers' Compensation Appeals Board.