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Legal question re. late payments and penalties...
Hi guys, my earlier post explained my problem with getting my mileage check mailed to me. It has now been close to 3 months since the original request was emailed to the i/c's case worker and I've yet to see or hear anything.

My question is this, where can I find out if there is any time limit, in the state of VA, that they need to get the check sent out. I have read other posts that said their state had such a thing and I'd like to know if my state has something similar.

BTW, I have asked my lawyer's secretary and she said she did not know of any law that said that they had a time table on checks, but she would give the message to my lawyer and she'd get back to me. However, she is on vacation for the next week, so this is why I am hoping that someone here will know the answer.

Thanks guys-
Contact the dept. of labor and let them know that you are due mileage reimbursement from 3 months ago. They are suppose to pay that within 30 days. There is a penalty for being late paying that to you.

You can either call the dept. of labor or report the WC insurance co. Some states even pay mileage to go to the pharmacy to pick up your medication.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
contact the commission
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
Thank you, I just sent an email and ask the commission. If I find out that there is a time line, I will then have my lawyer report them. The thing that concerns me is that the secretary has been the same one for as long as I have been injured, 5 years, and I would have thought she would have known this. You'd also think that my lawyer would have done something by now. Anyway, thanks for the information.
I would call if you do not get a reply. Calling I think is the best way to find out information and voice your opinion and let them know how long it has been since you have not been paid. I did not have a lawyer so I could also call my adjuster which I had to do a couple of times when payment was late. I just basically told them that I contacted the labor board and was told they had 30 days. I always received a payment on time after that.

I am surprised that your lawyer did not contact them by now about your payment being late. This is a simple task for him/her to do and if they cannot do that, I can imagine them trying to get a settlement and how long that would take. If you did not have the lawyer you could of called the adjuster yourself and tell them you contacted the labor board.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
Oh, no we have been calling. My lawyer has called once a week, and every time the adjuster told her that she had recieved the request and had approved it and sent it to the processing dept. That we should be getting it shortly. The 1st few times, my lawyer believed her and said ok and that if I don't have it in a week, she (my lawyer) would call her back to check in with her. After hearing the adjuster say the same thing each time, my lawyer finally told the adjuster that from this point on, she wanted to be carboned copied, anytime an email or letter was sent to the processing department. She also said that she wanted to see an email sent that day, from the adjuster to the processing dept., asking about the progress of the check.

That was when the adjuster called my lawyer later that day and said that she had been mistaken. She actually never received the request and so the processing dept. had no info. on it. She asked my lawyer to re-sent the request and she would rush it through the system (but did not say what "rushing" the payment meant.) Its been about 2 weeks, since this happened and still no word on where the check is. We will be calling them again, on Monday. I also sent an email to the commissioner's office. Maybe I can get some help from them.
I am getting ready to email my adjuster now to put in 500 miles round trip for two doctors visits I just went to. I just type in my claim number, date of doctors appointment and mileage and ask for a confirmation that he received my email.

I know he usually likes to have it faxed to him, but I have been forgetting everytime I am at work to send it. Also my email has been used before to prove I sent it in as I keep them in a seperate file for mileage reimbursement and my last adjuster said he never received it. I searched my email and resent it to him with his reply. That is when he sent my check right away and apologized for being late.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
Yeah, I hear you about needing to have a way to confirm that they got what you send them. We sent it through the email as well as sending the original over night mail. We have the confirmation from both the email and regular mail, that they received them both 6 weeks ago...which is why we know that they were out right lying, just to post pone sending me my check for over 1,000.00.

As an update, I did email the commissioner's office and asked if there was any type of time line that they needed to send the check out, and unfortunately he wrote back and said that in VA, there is no deadline. All we could do was to have the lawyer continue putting the pressure on them.

Thanks everyone for your input. As usual, you have been very helpful.

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