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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Interest and Penalties

    My question for you is: How does interest & pentalties work? June 11 the judge signed off on one part of my claim and everyone received a copy and to this day I have not been paid. Can you please give me an example how interest & penalties work or if any is due. Thank you.
    Last edited by cmvoigt; 08-07-2009 at 11:39 AM. Reason: Did it Wrong

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Interest and Penalties

    June 11 the judge signed off on one part of my claim and everyone received a copy and to this day I have not been paid.
    You haven't provided enough information to actuall grasp what you are looking for penalties one.

    Penalties are awarded for unreasonable delay in providing benefits. Interest is due based on when award money is to be paid.

    Some penalties are self imposed...10%, others are awarded by the ALJ, and are up to 25%....

    Don't know what ''one part of my claim'' means, or what money is due. (?)

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: Interest and Penalties

    This is in regards to a Compromise & Release Order signed and dated 6/11/09 by the judge that covers only the voc/rehab. This is for a stated amount ( I don't want to say amount) that was due in 30 days + 5 for mail and I still have not received.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Interest and Penalties

    there are 2 types of penalties: automatic & awarded.
    automatic is when carrier knows it's payment is late and automatically includes 10% penalty on the delayed amount.
    Another penalty type is from the judge for unreasonable delay. you request a hearing and the judge decides and issues an award.
    you should file for a hearing and also send a written request for payment to the carrier.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Interest and Penalties

    This is for a stated amount ( I don't want to say amount) that was due in 30 days + 5 for mail and I still have not received.
    The amount doesn't matter. Interest accrues from the date the judge signed the order. I would doubt there will be penalties unless you go back to the court to enforce the order.

    BTW... this is not a 'order', it's a approval of a compromise and release of the issue. Unless there were specific timeframes agreed upon in the settlement... interest is about what you'll see on this. Penalties are awarded for unreasonable delay in paying 'benefits'... not necessarily settlement money.

    Have you called the CA to question the delay... that should be the first step.

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