Los Angeles, CA asked in Workers' Compensation for California

Q: The judge signed the order on a settlement, on a workers comp. case ten days ago. How long to receive a check

It has been a year in 2017, in C.A. it has been going on a month

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: YOU PROBABLY signed an agreement with language 'waiving' penalties and interest if payment is received within 30 days of 'service' of the judge's order. SO: if the judge personally handed the Order Approving to the DEFENSE attorney on Jan. 8, then the insurance adjuster should be issuing the check by Feb. 2 to assure you receive it by or before Feb. 7. BUT IF the court mailed out the Order, you should add on 5 days, the code of civil procedure presumes it takes 5 days for mailing. IF YOUR AGREEMENT does not have any language giving the insurer 30 days to pay, the Labor Code gives them just 20 days plus 5 for mailing, so your check would be due on or before Feb. 2. YOUR ATTORNEY IS GETTING A BIG CHUNK OF YOUR MONEY...WHY ARE YOU NOT GETTING A DATE CERTAIN FROM YOUR ATTORNEY???

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