[villui]

i was awarded 1600 in retro and m+t and now they also havnt paid me my bi weekly pay since the 26th of march. My attorney has a hearing for penalty may 9th, but i cant wait until then.. im going to be in a shelter at the end of the week.. i have called the wc examiner and she has tried calling the adjuster. my attorney has been trying to call the adjuster and their attorney, and the carrier even ignores there own attorney.... amazing. i just had an ime exam 3 weeks ago and the report says even their ime says i have a marked partial .. wtf?

[1171]

pack up some gear and move into their lobby.
if they try to evict you get the media there.
you can also try contacting the claims manager and your local legislator.

[villui]

good ideA

[villui]

After days of harrasing the insurance carrier by emailing them thru their main website threatening to camp in their lobby of the ca office. also calling them and leaving messages. Calling my examiner and having them call 100 times, my attorney calling them daily, their own attorney calling them, a wcb social worker calling them ( all of this is in file so the judge will love this when he reads it lol) finally they are overnighting my check today so we'll see..

[1171]

even if you get the check, don't cancel the penalty hearing. they need to know the threat is real and has consequences.
the check should include interest and automatic penalty.
if it doesn't then the omission qualifies for a second penalty!
every 5814 penalty gets them closer to a huge fine for general business practice (5814.6)
http://www.leginfo.ca.gov/cgi-bin/displa...=5800-5816

also make sure to file a complaint with the audit dept and send the claims manager a copy
see guide 14
http://www.dir.ca.gov/dwc/iwguides.html

[villui]

hell yeah, im going to make a opy before i cash it and copy of postmark on letter and fax to board file, the judge is going to go ape s**, this judge has yelled at them before for similar stuff. they should get more then 20% penalty or 20% on each check, the award was past 45 days they owe about 2 grand, and also owe me regular bi weekly wages 6 weeks .. they seem to think they can do w.e they want

[Manley2]

Your last part is true almost every carrier, they all think they can do what they want. And that is sad. The number of us that get screwed like we do is really a small number in the system that we don't stick out and that is why we have to fight so hard. Plus I'm sure there is a number of people they do this to that just don't know any better and they give up so these companies save money.

[villui]

if the injury happend in NY and i moved to Ca, the case is still heard in Ny and still follows Ny WC laws correct? or does it move to ca

[villui]

i e-mailed the insurance carrier last night on their website contact us page, and got a reply from Client Services Call Center Supervisor who i asked if she can check to find out if a check was mailed out yesterday like the claims supervisor and adjuster told my attorneys office and the WCB examiner on the phone yesterday who said they were over-nighting a check yesterday.

[1171]

(05-02-2014, 04:26 PM)villui Wrote: if the injury happend in NY and i moved to Ca, the case is still heard in Ny and still follows Ny WC laws correct? or does it move to ca

correct.
each state has different laws and benefits that are fixed on the date of injury and does not change whether you relocate or not.
you are subject to NY comp laws not california or any other state you may have move to since.