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Workers Compensation Sanctions

San Francisco, CA |

If you have workers compensation and work for the state of California, is it true that neither they or the insurance company that is handling their claim can be sanctioned?

Attorney Answers 5

Posted

You work for the State of California? Your WC carrier is State Compensation Insurance Fund? No, that's not true. A judge can issue sanctions against them pursuant to Labor Code 5813.

Sanctions are tricky. Best if you are represented by competent counsel. Lots of great WC attorneys in The City. Find one here at www.avvo.com or at www.caaa.org. CAAA is the association or attorneys here in CA who represent injured workers.

Please be sure to vote for "Best Answer."

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Asker

Posted

York Risk Services

Brett A. Borah

Brett A. Borah

Posted

D.S.S.?

Posted

I agree with Mr. Borah. See http://www.wcwebzine.com/a-z/penalties&sanctions.htm

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Asker

Posted

Is the sanction paid to the injured worker?

Marjory Harris

Marjory Harris

Posted

Not necessarily. WCAB has discretion to determine fines, fees and costs.

Brett A. Borah

Brett A. Borah

Posted

I agree.

Posted

The fact that it is a state agency does not make them immune from being fined or sanctioned

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Posted

It is the California Insurance Guarantee Association and the Uninsured Employer Benefit Trust Fund that are exempt from Penalties. SCIF is just treated like another Insurance Company.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Asker

Posted

The insurance company is York Risk Services and the employer (cheapo) is legally uninsured. Does that make a difference?

George Ellis Corson IV

George Ellis Corson IV

Posted

Not to me. A Third Party Administrator and a Legally Uninsured Public Agency still have to follow the rules.

Brett A. Borah

Brett A. Borah

Posted

I agree.

Posted

No. Sanctions are outlined in LC 5813 and apply to frivolous conduct before the WCAB. SCIF, which is a quasi-governmental agency is subject to the same sanction rules as a carrier, lawyer, lien claimant or other persons appearing before the WCAB.

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