stewshe@comcast.net
Senior Member
Posts: 1381
Joined: Jun 2002
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Thursday September 11, 2008 5:37 AM
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rosellavera,
A lot more info is needed for a clear overview of the issues:
1. Did the C&R include retro VRMA in dispute to that point? The RU-122 only settles FUTURE or prospective VR, not retro.
2. As for the jurisdiction of the RU, was there any order or determination of the RU within the 5 years which became final which concluded rights to VR? Was an RU-105 filed? If so was an objection made and an RU-103 filed?
The RU will have jurisdiction to decide whether or not it has jurisdiction, but it sounds to me like they may if there was a reqest for VR in 2005 which defendant ignored and the retro VRMA clock just continued to tick until the RU-122 settled all rights from that point forward.
From a defense perspective, the C&R should have concluded all retro prior to that point, but the gap left may well be from after the C&R was approved in 2006 until the RU-122 was approved 8/2007. Normaly, more than $11k in retro would be involved, so I suspect the latter possibility is what the AA is claiming.
If so, defendant would be wise to compromise the issue if they can. If they try it and lose, there's also a claim for L.C. 4650(d) on top of the retro and if not voluntarily paid, a 25% penalty on top of that.
Good luck!
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Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.
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James T. Stewart; 1937 Santa Ana; Clovis, CA 93611
Edited: Thursday September 11, 2008 at 5:39 AM by stewshe@comcast.net
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