If a client is supposed to receive a CA workers comp commutation check by a certain date and does not, what legal action happens afterwards?
Also, do these checks come from the SCIF claims adjuster or SCIF attorney?
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1 Answer from Attorneys
Is this late, you're absolutely certain? Does the order give SCIF 30 days after 'service' of the order on the adjuster? What date can you PROVE the order was delivered to the adjuster? If YOU were directed by the WCAB Judge to serve the Order of Commutation, you have to count the days starting date AFTER the judge's order, plus add 5 days for mailing. Then, when the check does arrive, check the postmark date on the envelope: if State Fund (it does not come from a lawyer or an adjuster, it comes from a payment center machine) had it postmarked within 30 days of the date you put the Order in the mail, they are on time and it's your mailman that walked around with it. ALSO: if your official address on EAMS is wrong and SCIF mail it to your address on the state record (which is sometimes old if you didn't send in a new address to the state with all the electronic scanning documents on top with a direction to change your official address), SCIF can mail the check to the address of record on EAMS and not be late.