Order to pay compensation (California)

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Order to pay compensation (California)

Postby Puzzled on Fri Sep 14, 2018 8:15 am

How long does an order to pay compensation issued by a WC judge last? Is it bound by CCP 337.5 (10 years) or “exclusive remedy” allows it to last longer?
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Re: Order to pay compensation (California)

Postby LawAdvocate on Fri Sep 14, 2018 10:25 am

Not enough details to provide an answer.

What type of compensation? PTD or life pension - last for life, not ten years the CCPs do not apply here.

TTD prior to the cap lasts until you file a Petition to Cease payment underlining why the Applicant is no longer TTD unless there was a clause that you were not required to file one to stop TTD benefits.
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Re: Order to pay compensation (California)

Postby Puzzled on Fri Sep 14, 2018 3:42 pm

A lien for medical treatment, let's say.
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Re: Order to pay compensation (California)

Postby steve appell on Sun Sep 16, 2018 8:36 am

LC5803. "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of this division"

To me, that means FOREVER
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Re: Order to pay compensation (California)

Postby vampireinthenight on Mon Sep 17, 2018 8:05 am

A lien is not an award of anything. The WCAB retains jurisdiction of its awards forever, however, there are defenses of laches for those who sit on their rights.
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Re: Order to pay compensation (California)

Postby Puzzled on Mon Sep 17, 2018 9:37 am

Just to make it clear, this is in reference to the life of a WCAB order to pay a lien for medical treatment in light of what CCP 337.5 (10 years) says.
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Re: Order to pay compensation (California)

Postby vampireinthenight on Tue Sep 18, 2018 9:04 am

By "life" I assume you mean enforceable. The answer is the CCP could become a problem. Assuming there are no other issues like tolling provisions, re-filing for new awards, Defendant's destruction of records, evidence it was already paid, etc... the WCAB is not bound by the CCP, but it often looks to the CCP for guidance, particularly in unusual circumstances.

It may be moot. If you have an order/award, you would need to look at enforcement of said award, assuming the entity you have it against is not willing to pay it. And then the CCP could become problematic.
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