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work; they are not eligible for disability benefits for any week of disability more than 26 weeks after the last week of covered employment. New Jersey claimants for benefits for disability beginning during employment also are ineligible if they would be disqualified for UI benefits because of a labor dispute, unless the disability began before the disqualification. A California claimant who has been disqualified from UI is presumed to be disqualified from disability benefits for such weeks unless he establishes that he is suffering a bona fide illness or injury and the agency finds that there is good cause for paying such benefits. However, a claimant who is otherwise eligible for disability benefits is not disqualified from receiving those benefits because of a labor dispute disqualification for UI.

Although the benefit formula in New York is not related to the benefit formula for UI, individuals who are or would be disqualified from UI benefits are disqualified for disability insurance benefits.

RELATIONSHIP TO WORKER'S COMPENSATION--None of the laws is intended to replace worker's compensation, although the relationship between the two programs differs.

In California a claimant who is receiving or is entitled to receive worker's compensation for the same temporary disability is not eligible for disability benefits unless the disability benefit is higher than the weekly worker's compensation payment; in that case, he is entitled to the difference from the disability fund. If his eligibility for worker's Compensation has not been determined, he may receive disability benefits subject to reimbursement from any worker's compensation benefits subsequently awarded for that week. Full benefits are payable irrespective of cash payments under a worker's compensation law for permanent disability.

Hawaii does not permit duplication of benefits unless a claimant is receiving worker's compensation payments for permanent partial or total disability previously incurred. However, if a claimant's right to benefits under worker's compensation is seriously disputed, the individual may receive disability benefits until his disability becomes compensable under worker's compensation. If a claimant subsequently receives worker's compensation payments, these payments are proportionately allocated among employer or insurers according to the amount of disability benefits paid by them.

In New Jersey both the definition of disability and the eligibility conditions exclude disability benefits for any week for which worker's compensation, other than for permanent total or partial disability, is payable. However, if a claim for worker's compensation is contested, temporary disability benefits may be paid to an otherwise eligible claimant until his disability becomes compensable under the worker's compensation law.

The New York law defines disability to exclude illnesses or accidents arising out of or in the course of employment, whether or not worker's compensation is payable. It further provides that no benefits are payable for any period with respect to which worker's compensation, other than permanent partial benefits for a prior disability, is paid or payable. In Puerto Rico and Rhode Island a claimant may receive disability benefits if there is doubt as to his eligibility for worker's compensation. If he later receives such benefits, he is liable for repayment of the disability benefits. Puerto Rico limits to $40 the maximum weekly benefit amount payable while a claim for worker's compensation is under dispute, although, if the claimant is later found eligible for disability benefits, his claim will be recomputed. In addition, in Puerto Rico no disqualification is applicable if the worker's compensation payment was made on account of partial permanent disability occurring prior to the disability for which disability benefits are claimed.


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