Legal Question in Workers Comp in California

IT VERY SAD you ask questions here when your attorney has your money. The 30-day clock starts 'ticking' the day the Order Approving Compromise & Release ( OACR ) is delivered to the Insurance Adjuster.

IF the judge signed the OACR and handed it directly to the Insurance Adjuster or the Insurer's Attorney there in chambers, the 30-day clock began to run the following day. So yes, if the judge handed the Order directly to defense counsel the date it was signed, then you were due funds on July 12 and penalties could be due (depending on the postmark on the envelope holding the check).

BUT if your attorney secured the Order OR if the C&R was mailed to the judge, and somebody mailed out the Order to the insurer on June 18, then payment is not late until July 18.

IN ADDITION: if the postmark on the envelope with the check says July 6 but the postman was walking around with your check for two weeks, there will be no penalty awarded by the judge

The judge will insist on seeing the postmark on the envelope to convince her to award any penalty, so SAVE THAT ENVELOPE WHEN THE CHECK ARRIVES in a Ziploc so the postmark is clearly visible.

PUT A DEMAND IN WRITING to your attorney that you expect a demand for penalties on the C&R payment not later than July 31, that your payment is overdue. Leaving phone messages for a lawyer 'I didn't get my money' usually doesn't get much action. IF THE ATTORNEY KNOWS there is physical prove of the late payment and he gets LC5814 sanctions money for his penalty petition when the insurer refuses to pay any penalty, the demand for the attorney to file a penalty petition will be much more inviting.