Legal Question in Workers Comp in California

Hello,

I had an on the job injury near the end of 2009.

I qualified for worker compensation benefits through my companies contracted agency.

I still have the last check sent to me (02/12/2010 for $1335.84) and of course it says "VOID AFTER 60 DAYS".

My credit union says I can try to request to have the check reissued. I feel it will turn out to be "water under the bridge".

Still I would like a legal minded opinion.

Hope to receive a reply,

Thank you very much,

Jerry


Asked on 10/09/16, 1:18 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

Any claim for a check that is 7 years old will be barred by ''Laches" the legal principle that you have to pursue your rights timely or you waive your rights. When someone lets too much time pass before asserting their rights, their claim is barred by 'laches'. Sorry to be the bearer of bad news. BUT! it costs you just one letter to try: write to the claims adjuster and say you just discovered the final indemnity check and that you plan to file for a hearing with the WCAB for the final payment ... if the adjuster thinks you could actually get on calendar before the WCAB and they might have to send a hearing representative or pay an attorney, it would be a LOT cheaper to send you a check for $1335.

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Answered on 10/16/16, 3:37 pm


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