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  1. #1
    Join Date
    Sep 2019
    Posts
    1

    Default California Labor Code 5402

    My workers compensation claim was made in the State of: CA on 06/24/2019
    I received a Letter of Delay with a 90 day date listed as 09/21/2019. I still have not heard whether the case has been accepted or rejected and the 90 days end date is less than 2 days away. How far to the end can they draw the 90 days out? I check my email and snail mail religiously and haven't recieved any phone calls from my adjuster lately. Do they have to inform me in writing as opposed to a phone call? This has been a long 90 days and I need them to pay me! Will I need to call to get my payments initiated if deemed compensable after the 90 day wait period?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,048

    Default Re: California Labor Code 5402

    Do they have to inform me in writing as opposed to a phone call?
    Yes, see below.

    5401
    (b) Insofar as practicable, the notice of potential eligibility for benefits required by this section and the claim form shall be a single document and shall instruct the injured employee to fully read the notice of potential eligibility.
    https://leginfo.legislature.ca.gov/f...r%20dependents.

    If they fail to cooperate, have no further contact with that adjuster and retain a lawyer.

    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.

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