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Penalty on SJDB
#1
Hi Folks California Claim.

Finally received a SJDB voucher for a Petition to Reopen settled in 2016.

So yes a person that settles a claim on a petition to reopen can receive a voucher for the difference in PDR rate if there is one.

Ok the question is .. Can a penalty  of 10 or 25 % be recovered ? 

Applicant Attorney says he/ she doesn't know anything. Didn't know about the voucher after my month's of asking. Had to get it myself. 

Must be hard to be a lawyer for 30 years and not know anything.

What are your thoughts ..this voucher is over a year late. Wouldn't have happened at all if I weren't persistent.

Thanks Folks

Shadow
 
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#2
(08-10-2017, 05:10 PM)Shadow Wrote: Hi Folks California Claim.

Finally received a SJDB voucher for a Petition to Reopen settled in 2016.

So yes a person that settles a claim on a petition to reopen can receive a voucher for the difference in PDR rate if there is one.

Ok the question is .. Can a penalty  of 10 or 25 % be recovered ? 

Applicant Attorney says he/ she doesn't know anything. Didn't know about the voucher after my month's of asking. Had to get it myself. 

Must be hard to be a lawyer for 30 years and not know anything.

What are your thoughts ..this voucher is over a year late. Wouldn't have happened at all if I weren't persistent.

Thanks Folks

Shadow

It may be more difficult to request a penalty since you did receive the benefit. When I asked for penalties it was during the time a benefit was not paid. I have no idea if this makes a difference now. I also do not know if SJDV can be penalized, but in my opinion it is a benefit.

Section 5814 of the Labor Code states that "[w]hen payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased by up to 25 percent or up to ten thousand dollars ($10,000), whichever is less." The penalty for unreasonable delay or refusal is not limited in applicability to a narrow set of benefits. Rather the payment of any benefits available to injured workers in California workers' compensation can be increased by application of this penalty provision (e.g., temporary disability indemnity, permanent disability indemnity, medical care, interest, death benefits).

Was your injury before or after 1/1/2013? If it was after 1/1/2013 there are two benefits available.

It depends upon the amount of your SJDV if it would be worth it for your attorney to take this to court (if he believes he can). He can always send a letter requesting a self imposed 10% penalty, and if not responded to he will file for a hearing and request a 5914 penalty. This is not an easy penalty to get (IMO).

Your attorney would be the best person to ask.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
(08-10-2017, 07:04 PM)California_Help Wrote:
(08-10-2017, 05:10 PM)Shadow Wrote: Hi Folks California Claim.

Finally received a SJDB voucher for a Petition to Reopen settled in 2016.

So yes a person that settles a claim on a petition to reopen can receive a voucher for the difference in PDR rate if there is one.

Ok the question is .. Can a penalty  of 10 or 25 % be recovered ? 

Applicant Attorney says he/ she doesn't know anything. Didn't know about the voucher after my month's of asking. Had to get it myself. 

Must be hard to be a lawyer for 30 years and not know anything.

What are your thoughts ..this voucher is over a year late. Wouldn't have happened at all if I weren't persistent.

Thanks Folks

Shadow

It may be more difficult to request a penalty since you did receive the benefit. When I asked for penalties it was during the time a benefit was not paid. I have no idea if this makes a difference now. I also do not know if SJDV can be penalized, but in my opinion it is a benefit.

Section 5814 of the Labor Code states that "[w]hen payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased by up to 25 percent or up to ten thousand dollars ($10,000), whichever is less." The penalty for unreasonable delay or refusal is not limited in applicability to a narrow set of benefits. Rather the payment of any benefits available to injured workers in California workers' compensation can be increased by application of this penalty provision (e.g., temporary disability indemnity, permanent disability indemnity, medical care, interest, death benefits).

Was your injury before or after 1/1/2013? If it was after 1/1/2013 there are two benefits available.

It depends upon the amount of your SJDV if it would be worth it for your attorney to take this to court (if he believes he can). He can always send a letter requesting a self imposed 10% penalty, and if not responded to he will file for a hearing and request a 5914 penalty. This is not an easy penalty to get (IMO).

Your attorney would be the best person to ask.
 
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#4
(08-10-2017, 11:27 PM)Shadow Wrote:
(08-10-2017, 07:04 PM)California_Help Wrote:
(08-10-2017, 05:10 PM)Shadow Wrote: Hi Folks California Claim.

Finally received a SJDB voucher for a Petition to Reopen settled in 2016.

So yes a person that settles a claim on a petition to reopen can receive a voucher for the difference in PDR rate if there is one.

Ok the question is .. Can a penalty  of 10 or 25 % be recovered ? 

Applicant Attorney says he/ she doesn't know anything. Didn't know about the voucher after my month's of asking. Had to get it myself. 

Must be hard to be a lawyer for 30 years and not know anything.

What are your thoughts ..this voucher is over a year late. Wouldn't have happened at all if I weren't persistent.

Thanks Folks

Shadow

It may be more difficult to request a penalty since you did receive the benefit. When I asked for penalties it was during the time a benefit was not paid. I have no idea if this makes a difference now. I also do not know if SJDV can be penalized, but in my opinion it is a benefit.

Section 5814 of the Labor Code states that "[w]hen payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased by up to 25 percent or up to ten thousand dollars ($10,000), whichever is less." The penalty for unreasonable delay or refusal is not limited in applicability to a narrow set of benefits. Rather the payment of any benefits available to injured workers in California workers' compensation can be increased by application of this penalty provision (e.g., temporary disability indemnity, permanent disability indemnity, medical care, interest, death benefits).

Was your injury before or after 1/1/2013? If it was after 1/1/2013 there are two benefits available.

It depends upon the amount of your SJDV if it would be worth it for your attorney to take this to court (if he believes he can). He can always send a letter requesting a self imposed 10% penalty, and if not responded to he will file for a hearing and request a 5914 penalty. This is not an easy penalty to get (IMO).

Your attorney would be the best person to ask.




Thank You for your help Smile
 
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