Legal Question in Workers Comp in California

I took employer to court and the judge ruled that state fund pay me temporary disability benifiets. state fund refuses to pay, what should I do?


Asked on 6/03/12, 12:38 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Prepare a Petition For Sanctions and Interest.

State Fund had 25 from the date the judge ordered TTD payments to appeal.

If State Fund did not file and appeal, simple 'refuses to pay' (as you note), the order is final and interest is building up (accruing, we say).

When a judge ordered payment and a party fails to pay, you may request 'punishment' == we called it Sanctions == plus interest on the overdue payment.

Go through the motions: send a letter to the adjuster at State Fund -- with the green 'delivery confirmation' form at the post office, NOT certified (no one signs at the post office) -- demanding payment plus 2.7cents/day for each $100 not paid on time as interest.

Wait about 9 days, the prepare a petitions for Sanctions and Interest together with a Declaration of Readiness to Proceed, send both out with a Proof of Service by Mail, file these at the WCAB.

The judge will be mad and order fines as sanctions plus your interest (if State Fund failed to appeal and if State Fund is not mailing payment to your last known official address on on the state record).

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Answered on 6/04/12, 9:53 am


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