Article 7. Rights Of Industrially Disabled Persons of California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 2. >> Article 7.
Notwithstanding any inconsistent provisions of this part, the
benefit rights of industrially disabled persons shall be determined
in accordance with the provisions of this article for the period and
with respect to the matters specified in this article. Except as
otherwise provided in this article, all of the provisions of this
part shall continue to be applicable in connection with such
As used in this article:
(a) "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.
(b) "Industrial disability" means a disability compensable under
Division 4 (commencing with Section 3201) of the Labor Code.
Except as provided in subdivision (b) of Section 2611, in
determining the benefit rights of any industrially disabled person
the disability base period shall exclude those quarters during which
such person was industrially disabled for 60 days or more. For all
quarters so excluded there shall be substituted an equal number of
quarters immediately preceding the commencement of his or her
industrial disability. In the event the base period so determined
includes wages in calendar quarters for which the records have been
destroyed under proper approval, a claimant may establish the amount
of wages by affidavit in accordance with authorized regulations. The
quarter of commencement of an industrial disability shall be counted
as a completed quarter if the director finds that the inclusion
thereof would be more equitable to the industrially disabled person.
No disqualification shall be applied to any industrially
disabled person after the termination of his industrial disability,
by reason of any act or course of action on his part prior to the
date on which his industrial disability commenced.