Opinion Date: August 19, 2021
Areas of Law: Insurance Law, Labor & Employment Law, Public Benefits
In this case, involving the In-Home Supportive Services (IHSS) program, the Supreme Court affirmed the judgment of the court of appeal concluding that sections 631 and 683 of the Unemployment Insurance Code exclude from coverage a provider who is the recipient’s minor child, parent, or spouse under the state’s unemployment insurance program, holding that the court of appeal did not err.
The IHSS program authorized certain Californias, who were disabled or elderly, to receive in-home services from third parties or family members paid for with public funds. Under one program option, service recipients hire their own providers and the providers are paid either by a public entity or by the recipients with funds they have received from a public entity. At issue was whether such a provider qualified for unemployment benefits. The Supreme Court answered the question in the negative, holding that provider who is the recipient’s minor child, parent, or spouse is not covered by the state’s unemployment insurance program.
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.