Legal Question in Workers Comp in California

I have a workers comp case which closed on may 5th 2014. The judge signed the paperwork on june 12. From my understanding the insurance had 30 days to send me my check and its been 36 days and I havent recieved anything. I was told there was a 10% fee for not sending my check on time from the day the judge signed paperwork. My attorney seems not to care she just says just wait ill call you. I asked her about fee and she said it was only 2%. Does anybody know what percent fee is? Or if anybody can plz call me I have alot of question 7025539236


Asked on 7/16/14, 12:06 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

If the Order Approving Compromise & Release ( OACR ) was delivered to the INSURER and DEFENSE ATTORNEY on June 12, your 30-day clock began to 'tick' on June 13. The penalty for failure to pay compensation timely is 25% on the portion not paid timely (rarely the entire sum, there's an unpublished case awarding the 25% on the entire sum because payment was 45 days late). IF YOU ATTORNEY failed to get the order in the mail until July 20, the payment isn't late until July 21 (next week).

It is not cost-effective for an attorney to step into your claim now because the new attorney will do all the work and the old attorney fibbing to you about 2% will get all of the fees, so do not expect calls there out in vegas.

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Answered on 7/19/14, 1:57 pm


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