Q: Workers' Compensation Settlement check mailed to wrong address. It is now over 30 days. Am I entitled to penalties?
Thank you.
A: You need to prepare a Petition for Penalties, cite the Labor Code and regulations that apply, serve the petition on defendants, and file it with the WCAB. As you do this, look at the dates carefully... case 'settled' dec 18, but can you prove the defendant RECEIVED the Order Approving on the 18th? The clock starts ticking from the date the defense (attorney or adjuster) receiving the judge's order. IF the judge mailed the order, add 5 days for mailing. THEN: check your official address on EAMS. Is that correct? If not, the judge likely won't award penalties. But if the EAMS official address for you is correct AND the judge personally presented the Order Approving to the defense attorney on the 18th and the documents, the Judge MIGHT -- repeat MIGHT -- award 25% if the insurer fails to self-assess the 10% before the hearing and award.
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