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California Workers’ Comp.; Commutation

Anaheim, CA |

California Workers’ Comp.; Commutation

I just received the Commutation Award from my Workers’ Comp. Judge; I understand that the Defendant has 30 days to pay or appeal. What if I Appeal? Can the Defendant hold off paying the Commutation until after the WCAB Reconsideration?

I have issues with the DEU Rating that the Award is based on; I intend to file a Recon or Request for Removal; but I need this money ASAP; so I am asking if I go to Recon will they still have to pay within the 30 days; or can they hold of paying the Commuted portion of the Award until we hear back from the WCAB?

Attorney Answers 4

Posted

Labor Code sections 5814 and 5814.5 allow you to seek a penalty over benefit that was unreasonably delayed. The Defendant should pay you within 30 days unless they have a good faith dispute that they follow up on with thier own Petition for Reconsideration. There is not enough information to answer your question.

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Asker

Posted

I have issues with the DEU Rating that the Award is based on; I intend to file a Recon or Request for Removal; but I need this money ASAP; so I am asking if I go to Recon will they still have to pay within the 30 days; or can they hold of paying the Commuted portion of the Award until we hear back from the WCAB?

Daniel W Epperly

Daniel W Epperly

Posted

The Defense should pay you unless they also file a recon or have reason to suspect the WCAB could award you less.

Marjory Harris

Marjory Harris

Posted

You need to cross examine the DEU rater.

Asker

Posted

Thank you, please see my new question.

Posted

I agree with Mr. Epperly that there is not enough information provided. If you asked for the commutation and you got the commutation, why would you be appealing? Depending on the nature of the appeal, yes, they could hold off but this would be very fact specific.

Please be sure to vote for "Best Answer."

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Asker

Posted

I have issues with the DEU Rating that the Award is based on; I intend to file a Recon or Request for Removal; but I need this money ASAP; so I am asking if I go to Recon will they still have to pay within the 30 days; or can they hold of paying the Commuted portion of the Award until we hear back from the WCAB?

Brett A. Borah

Brett A. Borah

Posted

This is a risky strategy and logistically, may not be possible.

Posted

With a your complicated situation, your best bet would be to hire a California workers compensation attorney.

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Posted

YOU filed a Petition for Commutation of an Award, the judge agreed with YOU, you have the judge's order, so the defendant will very likely just pay on that order.

You're not going to appeal your own Order of Commutation, that would be nutty.

If you are going to appeal the judge's initial award, THAT could put all payments 'in limbo' while the WCAB up in Oakland decides if the judge made any errors; I'll bet the defendant will 'delay' payment on the commutation award awaiting the Oakland WCAB ruling on any appeal of the Findings & Award and not face any penalty, because the defendant might have LESS to pay after a reconsideration.

A defendant insurer wouldn't pay the file the Petition for Reconsideration on the Findings & Award, awaiting the ruling from the WCAB in Oakland, and AFTER the reconsideration is wrapped up THEN file the petition for commutation.

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