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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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California Workers Comp.; PD Award after Trial then DEU. I

Resolved Question:

California Worker’s Comp.; PD Award after Trial then DEU.
I was told that after the 12 days at DEU; and the case is returned to the Judge; he has 90 days to issue his order. What DWC procedure or Labor Code provides for the 90 days?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello Michael, My goal is to provide you with excellent service today.

 

A Workers' Compensation Judge must decide any cause before him or her within 90 days, including issuing an order after the case is returned to the judge.

 

This is covered by California Labor Code Section 123.5, which penalizes a judge by not paying his salary if he or she keeps a cause pending for longer than 90 days.

 

Here is California Labor Code Section 123.5(a) for your reference:

 

123.5. (a) A workers' compensation administrative law judge may not receive his or her salary as a workers' compensation administrative law judge while any cause before the workers' compensation administrative law judge remains pending and undetermined for 90 days after it has been submitted for decision. I hope the above information is helpful. Please let me know if you have any follow up or clarifying questions. Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4967
Experience: Extensive experience representing employees and management
Joseph and 4 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Michael,

Hello ,

Thank you for your positive rating of my service, Michael!

It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph
Customer: replied 1 year ago.


Will Do!

Expert:  Joseph replied 1 year ago.
Thank you!

Again, happy to help and best of luck!

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