Labor Code section 5800 (California)

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Labor Code section 5800 (California)

Postby teggem@co.santa-barbara.ca.us on Tue Aug 18, 2009 4:05 pm

Under what circumstances does one pay interest on awards of compensation (other than death benefits)? An F & A? Retro TD or PD? Attorney's fees awarded at a stip? Future TD and PD? thanks.
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Re: Labor Code section 5800 (California) (California)

Postby stewshe on Tue Aug 18, 2009 4:47 pm

teggem@co.santa-barbara.ca.us,

Interest is due on awards and orders of the WCAB and courts per LC Sec 5800 you cite. See also the Code of Civil Procedure Sec 685.010, generally at10%, but for public entities at 7% per Government Code Sec 970.1(b) et seq.

You can use the Labor Code Book (Workers' Compensation Laws of California, Matthew Bender) Tables 5, 6 and 7 respectfully (I put a lot of work into the examples in Tables 5 and 6)

There is a formula for interest due over a number of days on page 2 of Table 4 in the commutation instructions which is very simple:

( value due times # of days between award and date paid) x .1/365

For 7% substitute .07 for .1! Try it and check it against the tables!
James T. Stewart (stewshe@comcast.net)
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