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filing for settlement late penalty per O.C.G.A. § 34-9-221(f)

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shanehenry

Junior Member
GA. I have accepted a stip settlement which is a week over its 20 limit. I would like to file for the penalty but was told that if I did, they would hold the payment I am currently waiting to receive.
My question is, if the check comes in and I cash/deposit it. Can I file for the penalty afterward making it so my current payment can't be put on hold.
 


OHRoadwarrior

Senior Member
Due to the holiday, you will likely find there is no violation of business days. That said, you can try, if the board denies it you must file with an ALJ for a hearing.
 

shanehenry

Junior Member
I've dug up more info, but still no exact answer but, ...

Thank you,
I checked on the issue of hoidays effects on the 20 day limit and found that it only matters if the 20th day falls on a holiday or a weekend.
In my situation, I've been on w.c. for nearly 3years and have had 3 surgeries on my right shoulder. I have had to fight tooth and nail for every benefit and they have made it as hard as they could. Even after my hiring an attorney. I was only getting $233. Per week. Thats not enough to live off of. I spent over 5 months without a check after I got representation because they kept canceling the hearing. Then, of course the backpay check was late. Ok. I'm just venting now
But, another thing that may help me when I try this is that my lawyer never told me I could collect the late penalty. He only said it has to be received by 20 days. Thanks.
 

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