1. (1) A claimant who did not work due to a work-related illness or injury may qualify for an adjusted base period if each of the following elements is satisfied.

   1. (a) The claimant received temporary total disability (TTD) compensation for the illness or injury under the workers' compensation or occupational disease laws of this state or under federal law.
   2. (b) The claimant received TTD for at least seven full weeks during the base period immediately preceding the effective date of the claim. The base period may be either the first four of the last five completed calendar quarters or the last four completed calendar quarters as provided in Section R994-404-104. The weeks during which the claimant received TTD need not be consecutive.
   3. (c) The initial claim for unemployment insurance benefits was filed no later than 90 calendar days after the claimant was released by the claimant's health care provider to return to full-time work, not including release to limited or light duty work. The effective date of the eligible claim must be within the 90 days regardless of the date on which the claimant contacts the Department to file a claim. For example, if the 90th day falls on Wednesday and the claimant files a claim on Thursday, the effective date of the claim would be Sunday of that calendar week and would fall within the 90-day limitation period.
   4. (d) The initial claim for unemployment insurance benefits was filed within 36 months of the week the covered injury or illness occurred. The covered injury may be the initial injury or an event such as a re-injury that caused the claimant to go back on TTD.
2. (2) Wages previously used to establish a benefit year may not be re-used.

KEY: unemployment compensation, workers' compensation

Date of Last Change: February 17, 2022

Notice of Continuation: May 2, 2022

Authorizing, and Implemented or Interpreted Law: 35A-4-404