§ 35A-4-404. Eligibility for benefits after receiving workers' compensation or occupational disease compensation.

(1) Notwithstanding any requirements involving base periods or other benefit compensational factors provided for under this chapter a person who has had a continuous period of sickness or injury for which the person was compensated under the workers' compensation or the occupational disease laws of this state or under federal law shall, if the person is otherwise eligible, thereafter be entitled to receive the unemployment compensation benefits the person would have been entitled to receive under the law and regulations based on the person's potential eligibility at the time of the person's last employment.

(2) Benefit rights are not preserved under this section unless the individual:

(a) files a claim for benefits with respect to a week no later than 90 days after the end of the continuous period of sickness or injury; and

(b) files the claim with respect to a week within the 36-month period immediately following the commencement of such period of sickness or injury.

Amended by Chapter 297, 2011 General Session