Timely Payment of a Settlement

Monday, July 22, 2002 | 0

A user from California writes:

I am looking for something that says how much time is allowed for payment of a C & R Order, but haven't found anything specific. I heard it was 20 days. Can you direct me?.. I can't seem to find a written period of time.

The answer is as convoluted as it gets in workers compensation.

We start with Labor Code 5903 which gives a party 20 days after the service of an Award or Order to file for Reconsideration. If the Order is served by mail, then an additional 5 days is added on per LC 5316 and the Code of Civil Procedure by reference therein.

Labor Code 5910 stays the effect of an Order for only 10 days, but interest continues to accrue from the date of the making of the Award or Order ( LC 5800 LC).

Hence the requirement to pay an Award or Order within 20 days.

Failure to pay timely raises a penalty under LC 5813, and this include failure to add interest from the date of the Award or Order Approving C&R as required by the Code.