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  1. #11
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Initiating 4650 Penalties

    Yes exactly I have not been paid anything in months and my claim was finally accepted as of April 6 and have not been paid anything. My employer is telling me to not contact them until April 30 and they stated that even that it was not a guarantee I would be paid. Why wouldn’t that result in the 10 percent penalty? 14 days is 14 days. I am also waiting for my email response from my attorney but wanted other input in the mean time.

  2. #12
    Join Date
    Oct 1971
    Posts
    5,143

    Default Re: Initiating 4650 Penalties

    ConcernedWorker1
    I have not been paid anything in months and my claim was finally accepted as of April 6
    Then any indemity due after April 6th would be subject to penalties if paid late.
    Again, back pay is not subject to penalties because of the denial.
    In order to be eligible for penalties on back pay you would have to prove the denial was “without a factual, medical or legal basis” and is therefore unreasonable - good luck with that.

    Again, you need to talk to your lawyer, you're misunderstanding the process - there's no way in hell you'll see thousands of dollars in penalties based on the facts you've posted.
    Take Care.

    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
    Apr 2020
    Posts
    8

    Default Re: Initiating 4650 Penalties

    I’m reading the Leinon en banc and from what I’m gathering is if the dispute was resolved i.e. my denial was overturned and accepted because of the AME report then accrued indemnity is subject to 4650 as well. Read here
    https://www.dir.ca.gov/WCAB/2004-EB-4.pdf

  4. #14
    Join Date
    Oct 1971
    Posts
    5,143

    Default Re: Initiating 4650 Penalties

    I’m reading the Leinon en banc and from what I’m gathering is if the dispute was resolved i.e. my denial was overturned and accepted because of the AME report then accrued indemnity is subject to 4650 as well.
    You're reading arguments not the final judgement (findings pgs. 8-9)

    OPINION AND DECISION Applicant, AFTER RECONSIDERATION (EN BANC)
    In this case, it was stipulated that defendant paid TDI within 14 days of the final determination rendering the TDI due for purposes of section 4650 (i.e., the Supreme Court’s denial of review of the May 30, 2001 Findings and Award). Accordingly, there is no basis for applying the penalty under section 4650(d), and we will reverse the WCJ’s decision. For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Appeals Board (En Banc), that the Supplemental Findings and Award of January 13, 2003 is RESCINDED, and the following Findings are SUBSTITUTED in its place:

    FINDINGS “1. When it paid the May 30, 2001 Findings and Award, defendant paid the correct amount of retroactive temporary disability payments calculated on a weekly rate of $485.06, plus post-award interest, by check to applicant dated January 9, 2002.”
    2. As injury and disability was in dispute, defendant was not obligated to include the 10% increase under Labor Code section 4650(d).” “3. Applicant’s demand for penalty under section 4650(d) is denied.”
    https://www.dir.ca.gov/WCAB/2004-EB-4.pdf

    You're pursuing an issue that has yet to occur, they may very well pay on time.
    Another issue- just because your claim was accepted April 6 doesn't automatically mean the owe back pay - there are dozens of ways the carrier can still dispute that.
    Without knowing the facts of your claim it's impossible to comment further - hopefully your lawyer will give you some clarification, hope for the best be braced for the worse.
    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.

  5. #15
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Initiating 4650 Penalties

    So wait, they would send a letter dated April 6 to accept the injury and include in writing that I am owed back pay at X rate from September to April in the amount close to 30k and then all of a sudden dispute it?

    So assuming no 4650 on back pay. You’re saying the penalty would only apply to the amount owed to me from April 6 payments onward until I receive payment? The 30k cannot be penalized whatsoever even though I may not receive it on the 30th? Thank you
    Last edited by ConcernedWorker1; 04-23-2020 at 10:07 AM.

  6. #16
    Join Date
    Oct 1971
    Posts
    5,143

    Default Re: Initiating 4650 Penalties

    Quote Quoting ConcernedWorker1 View Post
    So wait, they would send a letter dated April 6 to accept the injury and include in writing that I am owed back pay at X rate from September to April in the amount close to 30k and then all of a sudden dispute it?

    So assuming no 4650 on back pay. You’re saying the penalty would only apply to the amount owed to me from April 6 payments onward until I receive payment?
    Now you're adding facts as I respond.
    No, they won't dispute agreed amounts stated on that letter.
    Penalties would only apply to indemnity due from April 6th on that's paid late.

    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.

  7. #17
    Join Date
    Apr 2020
    Posts
    8

    Default Re: Initiating 4650 Penalties

    So in theory they can pay me a year from now my backpay and not worry about any penalty. There’s got to be something worth looking into but thank you for the help Tony.

  8. #18
    Join Date
    Oct 1971
    Posts
    5,143

    Default Re: Initiating 4650 Penalties

    Quote Quoting ConcernedWorker1 View Post
    So in theory they can pay me a year from now my backpay and not worry about any penalty. There’s got to be something worth looking into but thank you for the help Tony.
    No, if I remember right, they pay within 30 days, I can't find the rule on it off hand and I'm too lazy to look it up.
    If there's an "unreasonable delay" there may be a penalty, you won't collect thousands of dollars if they're a few days late.
    Again you're operating on a hypothetical, they're not late on anything yet and I see no reason why they would be - these peope aren't stupid.

    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.

  9. #19
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,787

    Default Re: Initiating 4650 Penalties

    They don't owe you anything until they accept liability. The fact that benefits accrued between the date of the injury and the date of the acceptance, is irrelevant. They did not owe those benefits until they accepted liability, so all your penalty dates start from the date they accepted liability, at the earliest.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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