California Worker's Compensation - Help For Injured California Workers

• California Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• California Worker's Compensation Resources - Links and resources for injured workers.

Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 24
  1. #11
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

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

    Buttercup,
    I ran across this case yesterday...thought you might find interest in the subject matter and outcome http://www.dir.ca.gov/WCAB/2002-eb8.pdf

  2. #12
    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

    BvIA,

    Wow that was some NOT LIGHT READING. I am no lawyer, and not accustomed to reading briefs, but from my review it appears that the "en banc" decision basically says that the "interest" penalty no longer applies to commutation of pd indemnity payments (such as is done in a C&R). However, the one penalty in the statute I quoted earlier, (10% self-imposed penalty) does still apply in my case. Did I get that right?

    Buttercup

  3. #13
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

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

    from my review it appears that the "en banc" decision basically says that the "interest" penalty no longer applies to commutation of pd indemnity payments (such as is done in a C&R). However, the one penalty in the statute I quoted earlier, (10% self-imposed penalty) does still apply in my case. Did I get that right?
    There is no "commutation" ... a C&R is actually "new money" for the IW consideration to drop the claim for benefits... weekly benefits as well as medical care. Even though the basis for calculation may be the PD/WPI rating, and/or FMC considerations... it's still a lump sum payment. C&R could be offered and accepted the day of the injury if the parties agree. Without any indemnity benefits, or medical ever being paid.

    The decision, the way I've read it, bars "double dipping" on the penalties and/or interest. There may be the one 5814 self imposed 10%, or IW petition for up to 25% depending on the facts surrounding the claim, but no penalty on "unreasonable delay" in paying benefits as there are no "benefits" being paid in a C&R.

    Commutation of remaining PD is a totally seperate issue, and provision of the labor code, (http://www.leginfo.ca.gov/cgi-bin/di...file=5100-5106 ) even a special form.
    Compromise and Release is here http://www.leginfo.ca.gov/cgi-bin/di...file=5000-5006

    In your C&R, you should be (IMHO) eligible for the 5814 self imposed 10%, as well as 7% interest from the date the ALJ signed off on the documents.
    The C&R contains money for indemnity and medical care. There are no "benefits" being paid, so the 4650(d) does not apply because no ''benefits'' are being delayed.

  4. #14
    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 BvIA,

    Thanks for your comments on the decision(s) that you sent to me. I think I get it. I guess I am not understanding the word "commutation" correctly. But, I do agree that in my particular case, I did agree in the C&R and it does contain money for indemnity (full amount) of remaining PD that was due to me; plus money for future medical care. And when I did talk to the CA, I did not, unfortunately ask for the 7% interest due from the date the ALJ signed off the documents (11/15/2010) but rather just the self-imposed 10% penalty (5814) on the balance due on the C&R. Perhaps he will do the right thing and add on the interest (insert big cheesy grin here). Highly unlikely I'm sure, but we will see. "The check went out in the mail" on Monday evening (or Tuesday morning) or so he says. Now I will just keep having to call him daily about the voucher reimbursement. They have 45 days from receipt of the voucher (and doesn't appear on any order from the ALJ judge), to reimburse me. However, the C&R does indicate payment due directly to the employee." Although he keeps "forgetting" that and tells me he has to call the paralegal to get a "copy" of the voucher (even though they issued it to me in the first place) along with my receipt.. Ah the saga continues...

    Buttercup

  5. #15
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

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

    I guess I am not understanding the word "commutation" correctly. But, I do agree that in my particular case, I did agree in the C&R and it does contain money for indemnity (full amount) of remaining PD that was due to me; plus money for future medical care.
    A 'commutation' is a reduction to "todays dollars" of a given amount of money. Commutation "off the far end" ie atty fees, would mean a reduction in the number of weeks indemnity benefits would be paid. Commutation "off the side" would mean a reduction in the amount of money/indemnity benefits are paid. There is no "commutation" of remining PD in a C&R... you have negotiated an amount of money with the ER/IC you are willing to accept as payment in full to close out claim.
    Same with medical care... there can't be any "commutation" at you don't know what the medical costs are.
    If the ER/IC agreed to pay you the full amount of any unpaid indemnity due... so be it. But that is not "benefits", that is "new money".

    Call the CA back and ask "you did remember to add the interest due?"...

  6. #16
    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

    After I posted a Happy Holiday's message, I decided to check my bank account. Lo and behold, the W/C Insurance Company had direct deposited - get this - only a portion of my settlement $$ (exactly $10,000 less) than the amount on the C&R. No 10% penalty, no reimbursement on the vocab voucher. I mean wtf. What are they trying to pull. I just need to post this (and leave yet another scathing message on the CA voicemail). Do they really think that I am not going to notice that the amount is wrong? Do you think they are doing this intentionally? I wouldn't be surprised. It's like I take two steps forward and one huge step back. I feel like I am never going to be done with this assholes. The C&R is signed. It is signed off by the ALJ judge. It is done. Now what do I do?

  7. #17
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

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

    File the DOR for MSC/hearing, not expediated, those are for disptued medical issues....this is on failure to pay the C&R/judges order. Ask for penalties and sanctions.
    Do they really think that I am not going to notice that the amount is wrong? Do you think they are doing this intentionally? I wouldn't be surprised.
    Doesn't matter...try not to "think" like the CA or what they're trying to do or not do... you'll just cause yourself unnecessary frustration. Try and deal with the facts as they arise.

    Wasn't aware you had direct deposit/EFT with your ER/IC... that does not relieve them from paying the amount due in full.

  8. #18
    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

    Thanks BvIA,

    Yes I caused myself a lot of angst and frustration yesterday because of this issue. And NO I was not aware that they were going to do an EFT on this C&R payment either. I must have given them my account number at some point, but this is the first time they have used it. I will prepare the DOR for MSC/hearing as we have been discussing. I was also going to call the CA on Monday morning and ask to speak to the "supervisor" to see what kind of explanation is given for lack of the full payment that is due per the C&R/judges order. Do you think I should do that as well?

    I so want to be done with this, but will keep moving forward as the facts arise (very good advice). Thanks much, helps keep me grounded. i was just so hoping that the check would be issued as stated on our Monday phone call (I have been checking the mail box every day). so that I could once and for all put closure on this W/C case.

    Again, thanks much..

    Buttercup

  9. #19
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

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

    You had to have signed authorization at some point for EFT, or no one could make any transfer/EFT to your bank account. No one. In or out.
    It doesn't make sense to send you bi weekly TTD/PDA's and all of a sudden opt for the EFT in the C&R payment. (?)
    I think I would call and speak to the CA or supervisor...makes no sense to make a partial payment...

  10. #20
    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

    Update: I called the CA at the IC this morning, his phone goes right to voicemail. Tried to reach the supervisor of the group; phone rings busy. I then called the paralegal of the defense attorney (who I have had positive dealings with in the past). She was very gracious, said she would find out if she could by contacting the supervisor of the CA what/why the funds were insufficient. I also told her I was prepared to file a DOR for an MSC hearing to collect the remainder of my settlement $$ plus the 10% penalty plus interest plus 25% sanctions for delay of payment. She asked me to wait until the end of the day to file the papers as she would try to find out what was going on. I also indicted to her that I had left a voicemail for the I&A Officer to make sure that were not any other monies due to me because of delay of payment. I had found out earlier that both the paralegal and the DA are "in house" counsel for the IC, even though the papers filed previously (and all correspondence) comes from a different law office, but I don't care nor understand why that would be the case. I asked her when she called back to have the figures calculated on what monies would be paid to me, when to expect payment, etc.

    Again, she seemed very eager to try and do some research for me to find out why payment was not made correctly, and very eager for me NOT to file the DOR until she could get some information out of the CA or the CA supervisor. I agreed that I would wait until the end of the day to do so. I am trying very hard to deal with just the facts as they arise, and deal with each issue.


    Hmmm. Interestingly enough, I keep learning even more and more. Apparently the 10% penalty for delayed payment should be self-imposed, but I just read a brief (see link) that alludes to the fact that one can ask for up to 25% penalty on the full amount of the C&R AND the voucher, plus interest if not paid within 30 days. I am going to search now for legal statute to support this. Just trying to keep educating myself on what penalties/interest or due, etc if I do need to go back before an ALJ at an MSC Hearing. http://www.mulfil.com/pdf/brief%20of...-penalties.pdf

    Buttercup

    And I found this as well. So the I/C can avoid the 25% penalty for late payment by "self-imposing" the 10% penalty.

    "The recent passage of SB 899 has completely changed the process of receiving penalties for the unreasonable delay of benefits. Currently, an insurance company is liable for up to 25% of the amount of any late payment. However, the insurance company may avoid this 25% penalty by paying a self imposed 10% penalty of the amount of the late payment within 90 days of realizing they were late."
    Last edited by jenbutterup; 12-27-2010 at 01:32 PM. Reason: Additional Info

Similar Threads

  1. Replies: 1
    Last Post: 09-14-2009, 05:28 AM
  2. Late TTD Payments
    By mieux500 in forum Illinois
    Replies: 8
    Last Post: 09-12-2008, 11:27 AM
  3. Penalties for Late Salary Continuation Payments?
    By lady3jane in forum California
    Replies: 3
    Last Post: 08-08-2008, 08:45 AM
  4. Penalties for Paying Workers Comp at the Wrong Rate
    By sgldadto4 in forum California
    Replies: 2
    Last Post: 03-06-2008, 04:32 AM
  5. Can't collect Workers Comp if you're fat
    By Unregistered in forum Ohio
    Replies: 0
    Last Post: 12-12-2006, 03:47 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer