Legal Question in Workers Comp in California

My AME doctor determined that my injuries were work related in September 2008 but the insurance company & my employer have yet to pay me my TD or PD benefits. I heard that I can file a Petition for Penalties but I haven't got the slightest clue on where to start. Help? Also, is there a deadline to file this petition?


Asked on 8/17/10, 11:45 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Under the 2004 changes introduced by SB899 you now have two years from the indicent to file a penalty petition. I suggest you file right away and claim a 25% penalty on late TTD per labor code section 5814. There is no prescribed form, and you can amend the filing later if necessary. Make certain to use a cover page, and document separater for your penalty and proof of service. Otherwise the penalty petition may be invalidated with no proof of service, which must be filed with the court..

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Answered on 8/22/10, 12:47 pm


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