New Death Claim () (California)

This category is meant for discussion of technical legal issues in workers' compensation. If you are an injured worker, do not ask questions here. Go to the Injured Workers' forum.

Re: New Death Claim () (California)

Postby on Sun Mar 22, 2009 6:30 pm

I think LCS is correct that LC 4650 will not be applicable without a claim for being filed (as the statute specifically refers to it as triggering the time frames to commence and pay benefits)

" No increase shall apply to any payment due prior to or within 14 days after the date the claim form was submitted to the employer under Section 5401. No
increase shall apply when, within the 14-day period specified under subdivision (a), the employer is unable to determine whether temporary disability indemnity payments are owed and advises the employee, in the manner prescribed in rules and regulations adopted pursuant to Section 138.4, why payments cannot be made within the 14-day period, what additional information is required to make the decision whether temporary disability indemnity payments are owed, and when the employer expects to have the information required to make the decision."

However the failure to file a dwc-1 does not affect other penalties. If the case is not accepted perhaps one of the more significant consequences of not filing a claim form is the loss of the opportunity to have the case deemed compensable if it is not denied in 90 days.

However Ginger and Steve are correct that the claim form is no longer required to be filed before an application for adjudication of claim can be filed. While the statute speaks in terms of the mandatory need to file the claim form, it does not provide a consequence for failing to do so.
Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain & Claffey
User avatar
Posts: 89
Joined: Sun Mar 08, 2009 2:12 pm


Return to Legal

Who is online

Users browsing this forum: No registered users and 3 guests