California Professional Forums - Stranger than fiction

HOME PAGE

GO to Injured Worker Forum

Navigation:

login

ALL FORUM'S TOPICS OR WAR STORIES TOPICS

Thread Title: Stranger than fiction
Created On Thursday April 17, 2008 6:58 AM

Michaelb
Member

Posts: 187
Joined: Aug 2007

Thursday April 17, 2008 6:58 AM

User is offline

View thread in raw text format

I was denied sanctions for the defense's frivolous delay.
The WCJ said I was not entitled to sanctions because someone told him that I was retired and unencumbered in ability to appear before the WCAB.

rosellavera
Senior Member

Posts: 431
Joined: Jul 2005

Thursday April 17, 2008 8:20 PM

User is offline

View thread in raw text format

I'm helping my friend get sanctions and penalties against an IC for unreasonable delay (4 yrs) in paying his lien. If I can come up with case law that supports my petition for penalties I will let you know, maybe it will help you. I remember reading here, or maybe a different forum that penalties are MANDATED in certain circumstances for unreasonable delay in paying for medical treatment. I am going to be putting in extra time on this so I will let you know what I come up with. Please email me your personal email address so I can keep you posted.

-Rose Vera, J.D.
rosellavera@yahoo.com

gaiassoul1@yahoo.com
Senior Member

Posts: 1275
Joined: Feb 2004

Sunday April 20, 2008 7:28 PM

User is offline

View thread in raw text format

penalties are only mandated if you can prove unreasonableness...which is difficult to prove. IF there is absolutely no reason for payment, then yes you will get the standard penalty and interest.

Sanctions and costs remain at the discretion of the WCJ.

FORUMS > WAR STORIES

FuseTalk 3.0 - Copyright © 1999-2002 e-Zone Media Inc. All rights reserved.

© 2013 WorkCompCentral Workers Compensation Forums