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Who Issues a Certified Copy of an Award in California Workers Compensation

Oakland, CA |

I am in the process of applying for the certified copy of a finding and award in my case. Where do I get it? From the commission or from the presiding workers compensation judge? How long does it take to have it issued and how much will I need to enclose with my request.

Thanking you in advance for your response.

§10820. When Certified Copies Will Issue. Certified copies of findings and awards or other final orders for the purpose of having judgment entered and execution issued by the clerk of a superior court shall be issued only upon written request of a person entitled to benefits thereunder or by the attorney or authorized representative, and upon payment of the fees prescribed by the Rules of the Administrative Director. Certified copies of such orders and awards against authorized insurance carriers, authorized self-insured employers, the State of California and all political subdivisions thereof shall be issued only upon receipt of a written request showing good cause therefor. Every request for a certified copy of any final order must state whether proceedings are pending on reconsideration or judicial review, whether a petition for reconsideration or a writ of review has been filed, and whether the decision, a certified copy of which is requested has become final.

Attorney Answers 3

Posted

Comply with 8 CCR 10820 (http://www.dir.ca.gov/t8/10820.html) in every respect. Take it to the WCAB office from which you obtained the final F&A, after the time to file appeals has run. If the clerk seems confused, ask to see the I&A officer.

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Posted

Thank you Ms. Harris.

David Kestner

David Kestner

Posted

this is a good answer. The problem is is that the experience lawyers I know they tried to do this had difficulty. I used to do collections and it's not a matter of the sheriff going to the insurance company and demanding money from them it's rather going to the bank or the insurance company holds an account and loving me account

Posted

In 34 years of practice in workers' comp, I've never heard of a certified copy of the F & A so I'm not sure such a thing even exists. Why would you need a certified copy? I suppose you would write to the judge and ask what the procedure would be.

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Asker

Posted

Mr. Borah. Thank you for your answer. I may not have been clear in how I phrased my question, but I was referring to L.C. 10820.

Posted

Are you planning on having a sheriff execute your award? If so, there are probably a lot more hoops that you'll need to jump through. Once finalized, a workers' compensation award is considered a judgment, just like you would receive in civil court. But I'm fairly certain that you won't get a sheriff to drive over to an insurance company and do some type of collections for you without exhausting a bunch of other administrative remedies.

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Posted

I'm going to use attorney services which the defendant will have to pay for and not the sheriff per se. I have tried administrative remedies, but the defendant is deliberately unresponsive.

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