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  1. #1
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    75

    Default How Do I Collect Penalties for Late Workers Comp Payments

    Hello all,

    I settled my claim with a C&R. Judged signed off on the settlement docs on November 15, 2010. I have not received my settlement check yet. On the C&R it says I should receive the check within 30 days. Does anyone know if this is 30 business days or 30 calendar days? If it is calendar days I want to be prepared to file the appropriate document to start the clock for penalties. I am NOT represented. Does anyone here know which forms or how to file this type of paperwork and where?

    I am in the state of California.

    Thanks in advance for any helpful responses.

    Buttercup

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Penalties run on business days... interest accrus on calendar days.
    For business days, you also have to count, or deduct, the holiday there Thanksgiving fell within your time frame.

    Before you get riled and start filing the EAMS documents, which by now you know are time consuming, and rediculous to say the least... when the time runs...call the CA and find out what the problem is... if the self imposed 10% is added...no point you filing the DOR to go back to court to enforce the C&R.
    There is no "award" to enforce... a C&R is just an agreement... there isn't even any award of PD for apportionment purposes in the hopefully unlikely event you suffer another industrial injury.

  3. #3
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    75

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Can't figure out the quote thing: From BVia
    "Before you get riled and start filing the EAMS documents, which by now you know are time consuming, and rediculous to say the least... when the time runs...call the CA and find out what the problem is... if the self imposed 10% is added...no point you filing the DOR to go back to court to enforce the C&R."

    Hey there, but I want to get all riled up (insert big cheesy grin here), of course I am planning on calling the CA and find out what the "problem" or reason is, but having dealt with the seven (yes 7) different adjusters many who have out righted lied to me, I want to be prepared ahead of time with correct information. It makes them very nervous and makes me very happy. I also have the DA and paralegal phone numbers and made them aware that I was going to call them every day maybe twice a day for each minute that is over 30 days of the judge signing off on the settlement docs at the WCAB.

    So, from what I am reading, it looks like there is a form to fill out (yes going through EAMS) to submit should I need to. Correct? I will check out California's Workers Comp site and wade my way through the list of forms.

    Thanks bunches
    Buttercup

    ---------- Post added at 05:22 PM ---------- Previous post was at 05:20 PM ----------

    P.S. I know there is not an "award" per se... But I am going to squeeze every penny out that is due to me. During the negotiations process the DA kept asking me why I was "haggling" over a few thousand dollars. And my response was (at least 4 times). Because when you do NOT have a job a few thousand dollars is a LOT OF MONEY.

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    "P.S. I know there is not an "award" per se... But I am going to squeeze every penny out that is due to me. During the negotiations process the DA kept asking me why I was "haggling" over a few thousand dollars. And my response was (at least 4 times). Because when you do NOT have a job a few thousand dollars is a LOT OF MONEY."

    Some people really are in need of a few thousand dollars and apparently others aren't! Amazing.
    Knowledge is a beneficial tool for the injured worker!

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Ask the DA "WTF are you talking about?... what would you do if your bill was shorted?... a ''few thousand'' bucks..."
    "Haggle"... ???, sorry but the DA should be slapped up the side of the head with a very loud..."MY ASS... a few thousand dollars."

    Go ahead and get the forms/EAMS ready... DOR for MSC...and not 'expediated'... just a regular ole hearing. The 'reason' you provide is non payment per agreement/C&R. Request penalties, up to 25%, and sanctions. Plus interest from the day the judge signed off on the documents.
    Remember too...there are 5 days for mailing from the WCAB to the CA... then the 30 'working days' from receipt to issue the check. Then another 5 days mailing before you can file the DOR. Looks like about Dec 30th, would be the 30 ''business/working'' days before you can file.

  6. #6
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    75

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Quote Quoting BvIA View Post
    Ask the DA "WTF are you talking about?... what would you do if your bill was shorted?... a ''few thousand'' bucks..."
    "Haggle"... ???, sorry but the DA should be slapped up the side of the head with a very loud..."MY ASS... a few thousand dollars."

    Go ahead and get the forms/EAMS ready... DOR for MSC...and not 'expediated'... just a regular ole hearing. The 'reason' you provide is non payment per agreement/C&R. Request penalties, up to 25%, and sanctions. Plus interest from the day the judge signed off on the documents.
    Remember too...there are 5 days for mailing from the WCAB to the CA... then the 30 'working days' from receipt to issue the check. Then another 5 days mailing before you can file the DOR. Looks like about Dec 30th, would be the 30 ''business/working'' days before you can file.
    Thanks much, I am going to get the DOR for MSC ready, didn't realize that was the right form(s) to use, very helpful info here.

    btw. My post has five stars next to it when I look at it on the forum board. What does that mean? Does that mean I am a star? Or did other people rate it? Just curious...

    Buttercup

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    the stars mean other readers are rating the thread "great info"... from what I've been able to acertain from the rules.
    Besides that...yes, of course you are the "star"... of this show anyway... just keep in mind it may be a limited run...

  8. #8
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    75

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Hello again,

    I thought I would give you an update on my efforts to "collect" my check from Insurance Company. I called the claims adjuster today (12/21) C&R signed off by judge at WCAB on 11/15. Claims adjuster says: "uh oh, looks like your claim got closed, but the check didn't get issued." To which I responded, well, its been past the 30 days, so you will be adding the 10% self-imposed penalty. To which he replies. "yes, I guess I will have to". To which I replied, and you will be sending a check as well for the vocab voucher. To which he replies "that was settled in the C&R." To which I replied. No, if you would look at the C&R and I have told you this 5 times, I did NOT settle, in fact I gave the Defense Attorney at the MSC a copy of my receipt from the college I am attending, for all tuition paid, and you need to send the check to me for reimbursement. To which he replied "oh, OK, I don't have a copy of that in your file. To which I replied, I confirmed with paralegal 4 days after the MSC that she had received and emailed both the voucher and the receipt to you directly. To which he replied. "oh, I guess I will have to call the paralegal."

    I mean really, I guess I should have expected this, and have always known that I am/will going to have to keep fighting tooth and nail to make sure I get my check for the vocab voucher. I guess that most people who are eligible for this voucher usually settle it in the C&R.


    So, I guess I do have a question. Is the 10% penalty due on the total amount of settlement ($$ - indemnity already paid), or just on the $$ that are due on the check.
    So, for example (this numbers are not real); If the total settlement amount was $30,000. Which means the net check would be $30,000 - $8,000 (advanced PD indemnity) for a total net due of $22,000. Is the 10% on the $30,000 or the $22,000.

    Thanks bunches,
    Buttercup

    OK; so I found this information, it looks like the 10% penalty for delay is due on the "full amount of the award" in the example quoted above it would on the $30,000.
    Labor Code §5814 provides:

    When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to issuance of an award, the full amount of the order, decision or award shall be increased by 10 percent. The question of delay and the reasonableness of the cause thereof shall be determined by the appeals board in accordance with the facts. Such delay or refusal shall constitute good cause under Section 5803 to rescind, alter or amend the order, decision or award for the purpose of making the increase provided for herein

    But, any comments are always welcome!
    Last edited by jenbutterup; 12-21-2010 at 10:02 AM. Reason: additional information

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
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    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Don't expect a penalty to be added to any amount you have already receivied. There would be no reason to pay a penalty on something they have already paid you.
    The penalty would be added to the amount "unreasonably" delayed.
    You haven't received any of the amount in the C&R, so that amount would carry the penalty.
    The prior indemnity was not part of the agreement, but taken as a credit in the C&R.

    As to the SJDV... you are entitled to the full amount of the voucher, not the out of pocket costs they agreed to reimburse AND a voucher too. Just the total between the out of pocket costs, and the full amount together.

    By the way... a C&R is not an 'award'. WCAB judge reviews for adequacy to the IW, but cannot "order" a lump sum payment ie a C&R.
    Your penalty will be on the amount of the C&R ONLY. Not the full 30K as you suggest in your scenario. There was no delay on the 8K.

  10. #10
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    75

    Default Re: Which Forms Do I File to Collect Penalties if Ic is Past the 30 Days

    Hello; OK, all makes sense to me. There is no penalty (10%) paid on monies already received. Just the "amount due" on the C&R. And yes, I understand about the SJDV, I am entitled to the full amount of the voucher, the amount of tuition I have paid directly is very close to the full amount of the voucher. At this point, when I get both checks, I am going to call it "done." The difference is approximately $200 that would be left on the total amount of the voucher. It is not worth it to me to try and get my school to "bill" the CA/IC for the additional amount. I just want to me done. Now we will wait and see if the 10% penalty is applied when I receive my check. If not, I will be filing a DOR for an MSC to ask for the penalties plus the interest that might be due from the date that the judge signed off on the C&R (11/15/2010). Just once, I am going to keep my fingers crossed, and hope that the CA issues the check for the balance on the C&R plus the 10% penalty plus the reimbursement due to me on the SJDV. I'll keep you posted.

    btw.. guess I'm still the star of this show until resolution (the check is in the bank) is done.

    Buttercup

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