Insurance & LiensQuestion 572 of 1632

When temporary disability indemnity is owed, the first payment is generally due:

a.Within 30 days of the date on which the injury occurred
b.Within 14 days of knowing of the injury and disability
c.Only after the claim has been formally accepted in writing
d.Within 60 days of the date on which the injury occurred

Explanation

§4650(a) requires the first payment of temporary disability indemnity no later than 14 days after knowledge of the injury and the disability, and on that date all indemnity then due must be paid, unless liability has already been denied. The penalty for missing it is automatic: §4650(d) increases a late payment by 10 percent, payable to the employee without any application, unless wages are being continued under a salary continuation plan. (c) is the practical error worth killing off: the 14 days run from knowledge, not from acceptance, so an employer still investigating must either pay or deny rather than wait. (a) and (d) both start the clock at the date of injury and then stretch it — the statute uses knowledge of the injury and of the resulting disability, which can arrive well after the injury itself. §4650(b)(1) carries the same pattern into permanent disability: the first payment falls due within 14 days after the last payment of temporary disability indemnity.

Law Reference: Labor Code §4650(a), (b)(1), (d)

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