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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39026
Experience:  Retired (mostly)
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EMPLOYER UNDERPAYS WORKMENS COMP PREMIUMS TO INSURANCE COMPANY

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EMPLOYER UNDERPAYS WORKMENS COMP PREMIUMS TO INSURANCE COMPANY NY UNDERSTATING GROSS PAYROLL (BY CLERICAL ERROR) FOR 10 YRS. WHAT IS STATUTE OF LIMITATIONS TO REPAY INSURANCE CO FOR UNDERPAYMENT. CURRENT YR PREMIUMS DUE AUG 9
JP
Hello,

In California, the statute of limitations would be four years from the date that the payment was due. Cal. Code Civ. Proc. 337(1). So, the insurer can sue for up to four years of underpayments, and that four years window will continue to reduce the employer's obligation, until the date that the insurer actually files a lawsuit against the employer.

Hope this helps.
Customer: replied 4 years ago.


great answer....exactly what i needed. my client reported approx $60k ($3000) and should have reported $300k (since 2010 )at 4.7% rate. ($15000) they have not had any claims for 10 yrs ago (then only minor 1). I have told them to correctly file current report due Aug 9 (final report for period ending Feb 28, 2013). i have suggested they ask (quietly") if they can reduce rate offsetting increased billing. also suggested they wait out the 4 yr statute, wait for lawsuit, then pay.


can u help and how much?


 

Caution: "The unqualified recognition of [a] legally expired obligation creates by law an implicit waiver of the statute of limitations and a promise...to pay." (Sterling v. Title Ins. & Trust Co. (1942) 53 Cal. App.2d 736, 741 [128 P.2d 31]; Western Coal & Mining Co. v. Jones (1946) 27 Cal.2d 819, 822 [167 P.2d 719, 164 A.L.R. 685], and cases cited therein on p. 823; Maurer v. Bernardo (1931) 118 Cal. App. 290, 294 [5 P.2d 36]; McCormick v. Brown (1868) 36 Cal. 180, 185.)

Be careful about making any acknowledgment of a continuing moral obligation to repay the alleged debt -- because the client may suddenly find that the entire debt is revived and the statute of limitations clock restarted from zero.

Re my taking the case, I'm very flattered by your interest, however, I am retired and not taking cases at this time. The best that I can do is to provide you with links to the State Bar of California Certified Legal Referral Services.

Hope this helps.

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