Legal Question in Workers Comp in California

Delays

On December 30 my Psychologist diagnosed me with depression. He said "...the depression is of major proportions...It appears to be the result of job related stressors..." After I applied for WC, I received a letter of delay . I then applied for EDD. 11 days after the 90 day limit (4-14-00) had expired, and I had not recieved a letter requesting more time, I started calling WC regarding my claim. 5-13-00 I received a notice of determination from EDD. WC had told them on 5-8-00 they would pay the case in full . 5-17-00 WC told me they were still waiting on information from EDD. 6-5-00 EDD says they had complied to all requests from WC for information by 5-10-00. 6-8-00 I still have no pay and WC does not return my calls. Are there penalties due me for this delay in payment and how do I collect any and all monies due to me? There is actually much more to this; but, I have cut it down to conserve space.


Asked on 6/08/00, 3:05 pm

1 Answer from Attorneys
Attorney Marsili Law Office of Attorney Marsili

Re: Delays

I hope by now you have resolved this issue, however if not: The issue as to whether the carrier will owe you penalties on the matter is one that is very fact specific and therefore on the information you have submitted it is not sufficient to make a specific determination on your particular matter.

Penalties are dealt with pursuant to the Labor Code. Any "unreasonable" delay on delivery of benefits can result in the liability of the carrier to the injured worker to these penalties under the right factual scenario.

Under your particular case as a general statement, the delay period is one of right provided by law to the carrier which allows them the opportunity, again by right, to investigate the claim prior to making a decision on compensabilty. But again, whether there are penalties owed is fact specific so the period beyond this 90 days wherein no benefits were paid would require a fact specific analysis to determine.

Sorry I could not be more specific as to your matter but to do so would unfortunately not serve you as it would end up to be a guess that could be right or wrong depending on the facts.

Good Luck! :)

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Answered on 7/30/00, 11:18 am


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