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  1. #1
    Join Date
    Mar 2009
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    10

    Default My Case Settled After 2 Years, Now I Have ?'s

    My Workers Comp. case settled last night after 2 years of going back and forth to "Mandatory Settlement Conferences" and to the Doctor. Now I will not disclose the amount I settled for but my question is, what does the "Labor Code Section 5800" on my C&R papers mean? And my lawyer said I would receive a check in 30 days or less; is this always true or is there something the other party can do to delay this? Like an appeal? Or is it final?

    Thank you.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    LC 5800 is as follows...
    5800. All awards of the appeals board either for the payment of
    compensation or for the payment of death benefits, shall carry
    interest at the same rate as judgments in civil actions on all due
    and unpaid payments from the date of the making and filing of said
    award. Such interest shall run from the date of making and filing of
    an award, as to amounts which by the terms of the award are payable
    forthwith. As to amounts which under the terms of the award
    subsequently become due in installments or otherwise, such interest
    shall run from the date when each such amount becomes due and
    payable.
    And my lawyer said I would receive a check in 30 days or less; is this always true or is there something the other party can do to delay this? Like an appeal? Or is it final?
    Once the documents are reviewed for adequacy by a WCAB judge, the settlement is final, no appeals by either party.
    The check should issue within 30 days (plus 5 for mailing is permitted) and if not within that timeframe, self imposed 10% penalty and 7%/annum interest is due.


    Note however, IF there is money in the allocation in your C&R for future medical money, those funds should be deposited into an interest bearing account... when you become Medicare eligible, you will have to prove you exhausted all of that money on treatment to this injury/body part before Medicare will provide benefits. If no on has discussed this with you, it could be a serious oversight by the AA, and/or DA/CA.... and something that should not be overlooked.

  3. #3
    Join Date
    Mar 2009
    Posts
    10

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    Yeah, it says that whole part under the Labor Code Section 5800, but it adds "shall carry interest if paid within 30 days", what does this mean? I'm getting MORE? OR will they DELAY payment to NOT pay the interest? Sorry this is all very confusing for me

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    Yeah, it says that whole part under the Labor Code Section 5800, but it adds "shall carry interest if paid within 30 days", what does this mean?
    Sorry, that makes no sense... there is no incentive for the IC to pay within the timeframe/30 days...if interest is owed one way or the other, regardless of when the check is paid... it's going to be up to them when the cut the check...

    Usually it reads "interest waived IF payment received with 30 days''...sure you've read it right?

  5. #5
    Join Date
    Mar 2009
    Posts
    10

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    Quote Quoting BvIA View Post
    Sorry, that makes no sense... there is no incentive for the IC to pay within the timeframe/30 days...if interest is owed one way or the other, regardless of when the check is paid... it's going to be up to them when the cut the check...

    Usually it reads "interest waived IF payment received with 30 days''...sure you've read it right?
    LEAVING A BALANCE OF "Money" after deducting the amounts set forth above and less further permanent disability advances made after the date set forth above. Interest under Labor Code section 5800 is included if the sums set forth herein are paid within 30 days after the date of approval of this agreement.

    Word for word.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    ...Interest under Labor Code section 5800 is included if the sums set forth herein are paid within 30 days after the date of approval of this agreement.
    That's what I thought... IF the check is provided within the 30 days... that is all you get...the 'interest', if any, is included.
    So, you should expect to receive the check with in 35 days.

    LEAVING A BALANCE OF "Money" after deducting the amounts set forth above and less further permanent disability advances made after the date set forth above.
    That means they are taking a credit for the amount of PD indemnity you have already received, and IF there have been any additional checks paid that they are not aware of the day of the settlement, those will be deducted as well. That is why it takes 30 days to get the check cut... the CA has to audit your claim to make sure you are not overpaid even a dime.

  7. #7
    Join Date
    Mar 2009
    Posts
    10

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    Quote Quoting BvIA View Post
    That's what I thought... IF the check is provided within the 30 days... that is all you get...the 'interest', if any, is included.
    So, you should expect to receive the check with in 35 days.

    That means they are taking a credit for the amount of PD indemnity you have already received, and IF there have been any additional checks paid that they are not aware of the day of the settlement, those will be deducted as well. That is why it takes 30 days to get the check cut... the CA has to audit your claim to make sure you are not overpaid even a dime.
    Ok thank you!!!!

    Now, to the second part, I received TEMPORARY DISABILITY INDEMNITY for $2,228.64; that will not be taken out because it was not PERMANENT DISABILITY INDEMNITY, correct?

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    TTD is NOT part of your settlement... If it were, you'd see it spelled out in the documents.

    ONLY the issues spelled out completely in the C&R are 'settled' in the agreement.

    But you have not mentioned anything about what I said before...
    Note however, IF there is money in the allocation in your C&R for future medical money, those funds should be deposited into an interest bearing account... when you become Medicare eligible, you will have to prove you exhausted all of that money on treatment to this injury/body part before Medicare will provide benefits. If no on has discussed this with you, it could be a serious oversight by the AA, and/or DA/CA.... and something that should not be overlooked.

  9. #9
    Join Date
    Mar 2009
    Posts
    10

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    No there is nothing that talks about future medical care.


    One quick question, when I was injured I was put on temp. disability; after 1-2 months I was taken off of temp. disability and was allowed to work but with restrictions, when I came back to work on that same day my employers terminated me and said "we are letting you go because the department/building you used to work in will shut down/close down...etc etc"; now after a week or so I went BACK to said place and it was still UP AND RUNNING.

    Did they have a right to fire me???

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: My Case Settled After 2 Years, Now I Have ?'s

    A WC claim does not provide job security.
    Calif is an 'at will' employment state, meaning the ER or you could sever your employment relationship at any time w/o cause.

    But, the law also requires the ER to address your RTW once you are released to come back. If there is no valid job offer, you may be entitled to an increase of 15% in the PD indemnity.

    As you are considering a C&R, that has probably already been addressed.
    It is also not uncommon for the ER to request your resignation in a C&R settlement... it would limit their potential exposure to additional injury.

    If you have settled the claim... and all parties have signed off... you're not going to see any additional way to claim more on this ER/claim... take the check to the bank and move on.

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