§392-28 - Duplication of benefits not permitted.
[§392-28] Duplication of benefits notpermitted. No temporary disability benefits shall be payable for anyperiod of disability for which the employee is entitled to receive:
(1) Weekly benefits under the Employment Security Lawor similar laws of this State or of any other state or of the United States, orunder any temporary disability benefits law of any other state or of the UnitedStates except as provided in section 392-66.
(2) Weekly disability insurance benefits under 42United States Code Annotated sec. 423.
(3) Weekly benefits for total disability under theWorkers' Compensation Law of this State or any other state or of the UnitedStates, except benefits for permanent partial or permanent total disabilitypreviously incurred. If the claimant does not receive benefits under suchworkers' compensation law and the claimant's entitlement to such benefits isseriously disputed, the employee, if otherwise eligible, shall receivetemporary disability benefits under this chapter, but any insurer or employeror the special fund for disability benefits providing such benefits shall besubrogated, as hereinafter provided, to the employee's right to benefits underthe workers' compensation law for the period of disability for which theemployee received benefits under this chapter to the extent of the benefits soreceived.
(4) Indemnity payments for wage loss under anyapplicable employers' liability law of this State, or of any other state or ofthe United States. If an employee has received benefits under this chapter fora period of disability for which the employee is entitled to such indemnitypayments, any insurer or employer or the special fund for disability benefitsproviding such benefits shall be subrogated to the employee's right to such indemnitypayments in the amount of the benefits paid under this chapter as hereinafterprovided. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; gen ch 1985]