Legal Question in Workers Comp in California

I have a stip award that was signed by the judge for my mileage and it has been passed the 30 days what can I do now to get paid what is due to me.


Asked on 1/22/13, 9:54 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

A Petition for Penalties for willful failure to pay a judge's order timely.

Most attorneys don't even know how to do one of these effectively, so don't feel bad if you don't figure out how to do this.

If there a dollar amount in the order, or does the order just say 'pay mileage'? If all it says is to pay mileage without a dollar amount, perhaps the adjuster still needs the mileage request forms and your written demand for the exact dollar amount you expect to receive.

I'd strongly suggest you use the Div. of INdustrial Relations/Workers Comp website form for mileage requests, here's the link: http://www.dir.ca.gov/dwc/I&A_mileageFormJuly2011.pdf

HERE's A WAY TO GET THE ADJUSTER WORRIED! it won't get you money, but it might get the adjuster audited and in big trouble for blowing off a judge's order... REQUEST THE AUDIT UNIT audit this insurer's files! here's the link for an Audit Request: http://www.dir.ca.gov/dwc/Auditref.pdf

Why you did this without a lawyer is a complete mystery. reconsider your decision to represent yourself, because clearly, it isn' working out well.

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Answered on 1/23/13, 1:27 pm


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