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  1. #1
    tish Guest

    Default Penalties for Not Paying TTD

    Hi I have been reading the other posts and I have a questions...I want to know does State Comp Insurance Fund (in California) have to pay penalties for not payin me any TTD..the DOI was in 2003 and I just received a call that they are gonna pay me...it was approved in 2004 and here it is almost 2006!!!!!!!!!!!! I have also posted under Harrassment on this forum...

    SCIF stated to me that she thought that the employer was paying me when she approved it in 2004..But they didn't. I still have not received a copy of my file from my employer or SCIF, hopefully it will come soon.

    Any advice is greatly appreciated...

    Thanks,

    Tisha

  2. #2
    sh Guest

    Default

    Comp payments from any company is subject to penalties fro delays. There are 2 types: automatic and court ordered.

  3. #3
    anon2600 Guest

    Default

    IF the IC is aware that penalties are due, and add them on their own, the penalty is 10% of the benefits that were late. IF you file and seek penalties, prior to the add on by the IC, the penalties could be up to 25%.

    there isn't enough information in your post to offer any more opinion to you.

    PS...it is not a good idea to post the names of your employer, or the insurance company handling your claim as if there are professionals answering posts here, they cannot participate due to a possible conflict of interest.

  4. #4
    tisha Guest

    Default

    Oh, sorry..I have not mentioned the name of the employer but I didn't know that about the insurance company...

    Thank you for the information..what other information do you need for a more specific answer.

    Tish

  5. #5
    Join Date
    Jan 2012
    Posts
    1

    Default Re: PENALTIES FOR NOT PAYING TTD???

    I recently completed a sleep study which indicated that I did indeed have a sleep problem caused by my injury at work. The City of Glendale, CA defense attorneys objected and subjected me to yet another sleep study which my attorney agreed upon as a PQME. Their doctor found that my sleep was "worse" than the first sleep study and I did indeed have an injury which interfered with my ability to function. The City/Def did not reinstate my TTD benefits until my attorney asked for them. Of course, they used the second study date to acknowledge the injury and reinstate TTD benefits. They paid a self-imposed 10% but my attorney requested 25%. My question is this, if the defendants routinely delay TTD payments and "ignore" my attorney's letters for TTD and only answer demands they agree with, should I ask my attorney to file a motion for an additional 25% penalty for noncompliance with CA WC Codes? Second, if the defendants arbitrarily do not pay my medical expenses which I paid for while they kept claiming my WC claim was not work injury related, although I have a court order stating that they must pay, what recourse do I have to ensure payment? Is there a California Workers Comp Code application for additional sanctions/penalties for nonpayment of medicals, mileage, and delay of TTD? If yes, where do I research for them? The defense attorney said there were changes for penalties and sanctions and I don't believe him since I was unable to find any changes on-line or from the State's web site.
    Thanks you.

    reinstateme

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: PENALTIES FOR NOT PAYING TTD???

    While sanctions may be applied by WCAB judge...it's rare, and the monies to go the DWC, not the IW.

    Penalties are addressed in labor code section 5814...http://www.leginfo.ca.gov/cgi-bin/di...file=5800-5816

    If the PQME/AME addressed TTD and/or medical in the report, then those benefits are due, or the defense must file a DOR for expediated hearing.
    Not unusual for them to not pay mileage, and you can't go to expediated hearing, as those are reserved for disputed medical issues. Mileage is due 45 days from receipt of the request/form by the CA. Many times mileage, as well as penalties are addressed at time the case in chief is resolved.

    Looks like you will have to get your AA/Applicant Atty to file another DOR to get the TTD issues in front of a judge to enforce the award.



    BTW...you should start a new thread of you own on this... as this one is from 2005, and you need responses specific to your siutation.

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