Legal Question in Workers Comp in California

For some reason insurance carriers always wait until the last minute to pay. At this point you must consider that the carrier has an additional seven days for payment, the thirty agreed to in the compromise and release, pluse seven days for the mail. So the check will probably be dated within the thrity day period, but you will not receive it within the thirty day period.

If the check is not dated within the thirty days, what you should do is file a penalty petition seeking a 25% increase in the amount of the permanent disability owed. The carrier can avert this penalty if it adds a self imposed 10% penalty to your late check before you file a penalty petition.