The Mailbox Rule: A 60-Second Seminar in Workers’ Compensation Claims Handling

In today’s world of workers’ compensation, it is common for claims administrators, insurance companies and law firms to use an out-of-state mailing address, which may result in a misunderstanding of our state’s mailbox rule and how it applies to extend response time.  With that said, we will dedicate today’s blog to provide a timely discussion of the workers’ compensation mailbox rule.

The work comp mailbox rule can be found under 8 CCR 10605.  It is similar to the mailbox rule found in the Civil Code of Procedure (CCP) under Section 1013.  However, there are a few subtle, but major differences between the two.

First of all, unlike civil litigation, in workers’ compensation it makes no difference where correspondence is mailed from.  All that counts is where it is delivered.  Therefore, extra response time does not apply simply because a work comp notice is mailed from Los Angeles, New York or Paris.  However, if correspondence is received in California, then per the mailbox rule the recipient has an extra five (5) days to respond.  If received out-of-state, but within the United States, then an extra ten (10) days are granted.  If received outside the United States then an extra 20 days are allowed for response.

When a party is subject to the out-of-state mailbox rule then all parties in the case are automatically subject to the same rule, regardless of their mailing address.  This interpretation of law is designed to avoid giving one party an advantage over another simply because of their address.

Also, before the mailbox rule can apply, the recipient’s address must match the official address of record as noted in the appeals board file.  Therefore, if a party changes their mailing address to an out-of-state location, they must officially change their address at the board.  It is also recommended that in addition to identifying the out-of-state mailing address, a fax number and email address should be provided.

The rules pertaining to service of correspondence by fax or electronic mail (email) are also subject to the mailbox rule.  Once again, 8CCR10605 is the controlling regulation.  Do not confuse it with the civil requirements listed under CCP §1013, where fax and electronic mail must be agreed to in writing beforehand, which then allows only two (2) extra days for response.  In workers’ compensation, a written or verbal agreement is not required to allow service by fax or email.  Afterwards, an extra 5, 10, or 20 days applies depending on the location where the fax or email was delivered.

Feel free to contact the experts at F&B for guidance whenever questions regarding compliance or violation of the mailbox rule is suspected.  It may make a key difference in the ultimate value of your claim.