My workers’ compensation stipulation was approved. When should I expect a check?
Once the State Board approves a stipulation agreement of Workers’ Compensation, the employer/insurance company has 20 days to pay. The question arises: If a payment is mailed, when does it have to be mailed to be considered timely?
The relevant statute assesses a 20% penalty for failure to pay a stipulation within 20 days. It also provides that payments from within the state of Georgia are timely if they are mailed on the 20th day after the State Board approves the documents. Payments made outside the state of Georgia are timely if they are “mailed no later than three days before the due date to the address specified by the employee or the address of record according to the Board.”
The code used to say the payment should arrive by the 20th day. The Georgia legislature has since changed this requirement. The language of the statute was explored in Liberty National Life Insurance Co. v. Coley, 201 Ga. App. 203 (1991). In that case, the Court compared the statute’s language and emphasized that the revised language makes it quite clear that a payment is “considered paid when mailed.” It is not necessarily late if the settlement payment is not received on the 20th day. However, keeping the check stub and mailing envelope is good to determine if the insurance company has met its obligations under the mailbox rule.
The attorneys at Ramos & Law closely monitor the payment deadlines as they know a lot is at stake, and their clients need this money to continue with medical care and pay their bills. Contact us.
These case studies are not meant to promise or guarantee a certain or similar result, but rather to demonstrate the legal attention and work ethic our attorneys assert in our cases. Every case is different and is fact sensitive. Certain facts can greatly influence and determine a client’s award, outcome, and recovery.
An employee worked for a manufacturer of outdoor power products in Middle Georgia. His job required him to pull pallets of material across the work area. As a result, he experienced a back strain. The manufacturer denied the claim and contested his need for medical care. Ramos & Law was able to secure helpful diagnostic scans and meaningful medical care for the injured worker. After a few months of litigation, the parties reached a settlement of $65,000 with a complete resolution of all outstanding medical bills.
An employee was stocking heavy merchandise for a large retailer in Columbus, Georgia. During the course of her job duties, a stocking cart of the merchandise fell on her right foot and great toe. The national retailer directed her to its company doctors but she received very little relief. The attorneys at Ramos & Law were able to navigate her medical care to more qualified doctors where she received a better overall results. As she reached maximum medical improvement, the large retailer settled the claim for over $100,000 and paid for all of her past medical treatment.
Failed Back Syndrome
An employee was working part-time for a large automotive parts store. The employee fell off a ladder injuring his teeth, neck, ribs, and low back. After exhausting conservative medical care, physical therapy, injection regimens, and medication, it became clear that this injured employee required the need for spinal surgery. While the insurance company fought the surgery, Ramos & Law was able to force the insurance company into paying for the surgery and associated therapies including the implant of a spinal cord stimulator. Given the severity of the injury, Ramos & Law was able to refer the client to a federal disability benefit specialist who assisted him in securing Social Security. This part-time employee settled his case for $185,000 plus almost $300,000 in future medical care.
Low Back Herniations
A pediatric physician injured his back while assisting a child off an examining room table. As a result, the physician herniated several discs in his spine which also triggered depressive mental episodes. While the insurance company denied medical coverage for his numerous symptoms, Ramos & Law was able to secure quality medical care for the employee including orthopedic care, psychiatric treatment, a spinal cord stimulator, and physical therapy. Additionally, the employee received on-going income benefits at the maximum workers' compensation rate. At the end of the case, the matter settled for a figure close to $250,000 in addition to payment of previous medical bills.
An employee at a beverage maker in Atlanta was stocking heavy cases of merchandise when she felt severe neck and shoulder pain. It was revealed that she suffered a torn rotator cuff. While the beverage maker initially denied her medical care, Ramos & Law was able to convince the employer to approve her treatment plan and accept the case. After months attempting to return to work, it was clear that the employer was not able to accommodate her medical limitations. As a result, the case settled for $115,000, along with all her medical bills being paid.
A part-time grocery employee fell into a tub of “degreaser” that caused severe third degree burns over his torso and buttocks region. The employee required immediate medical care and several weeks in the intensive care unit within the local burn center. The costs of the care reached in the millions of dollars. While the grocery store denied liability for the accident, the attorneys at Ramos & Law were able to secure a settlement of $250,000 in addition to the employer’s acknowledgment to pay for all past medical bills.