Page 2 of 2 FirstFirst 12
Results 11 to 13 of 13
  1. #11
    Join Date
    May 2018
    Posts
    6

    Default Re: Does Attorney Get a Fee for Backpay TTD when He Didn't Go Infront of a Judge

    Quote Quoting tony View Post
    You need to provide the sources for info when posting rules or laws, I believe the paragraph you cite is in reference to "unreasonable delays in payment"
    You said "they can't pay it until they Depo the QME" - That doesn't fall into the definition of "unreasonable" they where making an honest effort.
    The carrier is prohibited from having any communication with you without your attorneys presence or knowledge - They are well aware of the "Attorney-Client Privilege" they aren't about to cross that bridge.

    I'm telling ya, you're violating The Attorney-Client Privilege - you stand a real chance of destroying your claim.
    That carrier will not acknowledge, respond or even dignify any action you take behind your attorneys back unless it benefits them.
    You better brush up on Attorney-Client Privilege rules and the implications of violating them - you're playing with fire.

    Clients’ Guide to Attorney-Client Privilege
    Most are aware that communications between an individual and his attorney are “privileged”, but few know when and to what the privilege applies, or how it can be lost. Given how important the privilege is, and how damaging the implications of its loss can be, a client with only a little knowledge of attorney client privilege can be a dangerous thing.

    In order to provide some understanding of these issues, this article will explain what this privilege is, how it can be lost, and finally some principles a client should keep in mind about attorney-client privilege when interacting with its attorney.
    http://vallalaw.com/va-articles/2017...g-2017-article

    Tony
    Thanks for your reply tony. They paid the TTD. They just didn't want to pay originally because they had to "clarify"(yes those were the words used with the letter that they sent me with the check) with my doctor that the dates I was TTD were actually the dates I was TTD. Dates TTD June of 2015- Jan of 2017. TTD was paid May of 2018. (well technically, I am still w/o money, since the check that was sent out to me, the attorney had voided because it didn't have his fee, them sending him out a check, him putting it into his trust and he is taking his fee out and sending me the rest) Currently looking at a voided check. Such ridiculousness that the Insurance Carrier didn't pay him his fee in the first place, now I have to wait even longer.


    Now in terms of the PDA, that was late by one whole year. (That two statue is coming up very soon in the next few months) So when I posted this "F. Statute of Limitations: Notwithstanding any other provisions of law, no action
    may be brought to recover penalties that may be awarded under this section more
    than two years from the date the payment of compensation was due." (source: https://www.dir.ca.gov/dwc/educonf12/5814/Penalty.doc)


    My attorney says no statue exists, even told me to call the WCAB and drop it. I told him I need to safe guard my dates because 2 years late comes up next month.... so according to that statue I would be out of luck. He said " There is no statue, however, in the 1 percent chance I am wrong, you will have to sue me I guess if I mess up and don't get your penalties. In the meantime drop the penalties" I would really like him to explain what I am reading in the above because it clearly states penalties. PDA was a year late, I think everyone can agree that is unreasonable, no?

    Long story short; He needs to explain why it says there is a statue and he says there is not. Saying "sue me if I am wrong" is not acceptable to me. I even sent him the above link. He's sticking to his story. Get this, in all this mumbo jumbo he goes to me" I filed a petition months ago and then dropped it at the MSC because I talked to the guy and we really got a long so I figured I would drop it to get in his good graces" Turns out that's a bold faced lie, I checked my case status, no such thing was ever filed in the first place. Love liars.

    Quote Quoting complwyr View Post
    Out of curiosity, how much would the penalty be?
    .
    Over 10k. I prefer not to post the actual amount. That's split up in separate penalties since you can only have up to 10k per incident.
    Last edited by ccsmitty1; 05-21-2018 at 02:32 AM.

  2. #12
    Join Date
    Oct 1971
    Posts
    4,873

    Default Re: Does Attorney Get a Fee for Backpay TTD when He Didn't Go Infront of a Judge

    When I posted this "F. Statute of Limitations: Notwithstanding any other provisions of law, no action
    may be brought to recover penalties that may be awarded under this section more
    than two years from the date the payment of compensation was due." (source: https://www.dir.ca.gov/dwc/educonf12/5814/Penalty.doc)
    Again, it's like what I thought - you're quoting just one paragraph from 5814 Penalty section: you're overlooking the first paragraph.
    It clearly says in A - "Unreasonable delay: 5814. When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased up to 25 percent or up to Ten Thousand Dollars ($10,000), whichever is less.

    They paid the TTD. They just didn't want to pay originally because they had to "clarify"(yes those were the words used with the letter that they sent me with the check) with my doctor that the dates I was TTD were actually the dates I was TTD. Dates TTD June of 2015- Jan of 2017. TTD was paid May of 2018.
    That does not meet the definition of "unreasonable delay" of benefits.
    You have two years to file for penalties for "unreasonable delay" of benefits as determined by the board - penalties won't be levied for a delay during the normal process of a claim.

    The above also says "the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties."
    You have two years to file for penalties for "unreasonable delay" of benefits.
    I assure you, you will not prove an "unreasonable delay" with the circumstances you describe.
    If you did meet the burden of proof, you will not be awarded the max amount - that's reserved for the most egregious of offenses.

    I. New 5814 Penalty section:
    A. Unreasonable delay: 5814. When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased up to 25 percent or up to Ten Thousand Dollars ($10,000), whichever is less. In any proceeding under this section, the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties.
    https://www.dir.ca.gov/dwc/educonf12/5814/Penalty.doc

    It's your claim, do as you wish but I agree with your attorney, you're misguided and stand a real chance of destroying your claim - time will tell.

    Good Luck

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #13
    Join Date
    May 2018
    Posts
    6

    Default Re: Does Attorney Get a Fee for Backpay TTD when He Didn't Go Infront of a Judge

    Quote Quoting tony View Post
    Again, it's like what I thought - you're quoting just one paragraph from 5814 Penalty section: you're overlooking the first paragraph.
    It clearly says in A - "Unreasonable delay: 5814. When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased up to 25 percent or up to Ten Thousand Dollars ($10,000), whichever is less.

    That does not meet the definition of "unreasonable delay" of benefits.
    You have two years to file for penalties for "unreasonable delay" of benefits as determined by the board - penalties won't be levied for a delay during the normal process of a claim.

    The above also says "the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties."
    You have two years to file for penalties for "unreasonable delay" of benefits.
    I assure you, you will not prove an "unreasonable delay" with the circumstances you describe.
    If you did meet the burden of proof, you will not be awarded the max amount - that's reserved for the most egregious of offenses.

    I. New 5814 Penalty section:
    A. Unreasonable delay: 5814. When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased up to 25 percent or up to Ten Thousand Dollars ($10,000), whichever is less. In any proceeding under this section, the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties.
    https://www.dir.ca.gov/dwc/educonf12/5814/Penalty.doc

    It's your claim, do as you wish but I agree with your attorney, you're misguided and stand a real chance of destroying your claim - time will tell.

    Good Luck

    Tony
    Thanks Tony

Similar Threads

  1. TTD Backpay
    By confused143 in forum Disability Benefits
    Replies: 3
    Last Post: 01-08-2016, 02:58 PM
  2. Replies: 2
    Last Post: 06-19-2012, 10:00 AM
  3. Received Backpay
    By darv in forum Disability Benefits
    Replies: 1
    Last Post: 11-17-2009, 09:18 AM
  4. Judge Harkey? W/C Judge in Tulsa? Fair?
    By HurtNConfused in forum Oklahoma
    Replies: 0
    Last Post: 02-06-2009, 09:44 PM
  5. Getting Backpay
    By anonymous in forum Illinois
    Replies: 14
    Last Post: 08-30-2005, 05:50 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