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Mileage Rate for Medical and Medical-Legal Travel Expenses Increases Effective January 1, 2024

Mileage Rate for Medical and Medical-Legal Travel Expenses Increases Effective January 1, 2024

The Division of Workers’ Compensation (DWC) is announcing the increase of the mileage rate for medical and medical-legal travel expenses by 1.5 cents to 67.0 cents per mile effective January 1, 2024. This rate must be paid for travel on or after January 1, 2024 regardless of the date of injury.  Labor Code Section 4600, in conjunction with Government Code Section 19820 and the California Department of Human Resources regulations, establishes the rate payable for mileage reimbursement for medical and medical-legal expenses and ties it to the Internal Revenue Service (IRS).

This article will discuss the 2024 Medical Mileage Reimbursement Rate.

What was the Mileage Reimbursement Rate for 2024?

The medical mileage rate for 2021, was set at $65.5 cents per mile.

What About Mileage Reimbursements For Prior Years, Are They Going to Be Paid at That Rate?

Reimbursement rates are determined by the date that you incurred the mileage. Therefore, if you incurred mileage reimbursements for the year 2020, you should use 2020, date of injury rate.

What Are The Rates for Some of the Prior Years?

2023- $65.5

2022: 62.5, from 7/1/2022

2022- $.585 up to and including 6/30/22

2021- $.56

2020– $.575

2019 – $.58

2018 – $.545

2017 – $.535

2016 – $.54

2015 – $.575

What Mileage Is to Be Reimbursed? 

Per the DIR, “[i]f you have to travel to get treatment for your work injury, you are entitled to re-payment of your travel costs. The mileage rate is 62.5 cents ($.62.5) per mile. Mileage for reasonable travel to the pharmacy, parking, bridge tolls, public transportation, and other travel-related costs are also included.”

You need to submit them to the carrier that is adjusting your claim. If you would like the form that you can use, click on the link below.

https://www.dir.ca.gov/dwc/I&A_mileageForm.pdf

The DIR also recommends that you should attach receipts. If your travel costs are not paid within 60 days, you should contact the carrier or your attorney to see if there is a problem.

Am I to Be Reimbursed for Attending a WCAB Hearing? 

No. You are not allowed to be reimbursed for mileage and/or parking costs to attend a workers’ compensation hearing.

Am I to Be Reimbursed for Attending My Deposition? 

Yes. You are entitled to be reimbursed for mileage and/or parking to attend your deposition.

If My Claim is Denied, Am I Entitled to Reimbursement? 

No. For medical treatment when your claim is denied, you are not entitled to reimbursement. For your deposition or Medical Evaluation by an Agreed Medical Examiner or Qualified Medical Examiner, you are entitled to reimbursement. Frequently, Defense Attorney Law Firms or the Carrier issue payment in advance of these appointments. Should your claim later be accepted, you should submit your mileage in for reimbursement.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

STORE CLERK KILLED OVER UNACCEPTABLE CASH PAYMENT: INJURED WORKERS IN THE NEWS, #106

As reported on kansascity.com, a 21-year-old Store Clerk was fatally shot by a Customer.  The murder of the clerk was the result of a currency dispute;  the Customer tried to make a cigar purchase with money that was in bad shape.  The Clerk refused the payment.  According to the account, “the Customer pulled out a gun and demanded the cigar…[and]… The Clerk gave the Customer the cigar and asked him to leave.” The Customer proceeded to fire two shots at the Clerk.

This case will be analyzed under California Law.  The reporting on this matter did not speak of any spouse, children or dependents.  Thus, this article will discuss what occurs when there is a work-related death without any dependents.

What Happens When There is An Industrial Death When There Are No Beneficiaries?

California Workers’ Compensation Law has a provision that allows for the State of California to receive benefits when an Injured Worker dies without a beneficiary.  Labor Code Section 4706.5 provides “(a) [w]henever any fatal injury is suffered by an employee under circumstances that would entitle the employee to compensation benefits, but for his or her death, and the employee does not leave surviving any person entitled to a dependency death benefit, the

employer shall pay a sum to the Department of Industrial Relations equal to the total dependency death benefit that would be payable to a surviving spouse with no dependent minor children.”

In these circumstances, Insurance Carriers will generally conduct an investigation to locate any possible dependents.  If there is none, they will be obligated to make payment to the state.

WAS A HIGH SCHOOL BASKETBALL COACHES’ PARKING LOT INJURY WORK-RELATED? INJURED WORKER IN THE NEWS, #105

According to a Foxnews.com report, a High School Basketball Coach was assaulted in a parking lot and sustained injury to his head, neck, face and arms.   The conflict apparently was as a result of the Coach benching a player.  After the game, it is alleged that the player, along with his brother, committed the violent act.

This article will discuss, under California Workers’ Compensation Law, whether the injury would be considered work-related?

Can An Injury in a Parking Lot Be Work-Related?

California Workers’ Compensation Law has established caselaw to address employer parking lots. “On the basis of this rule it has been consistently held that the protection of the compensation law extends to injuries sustained by an employee in a parking area maintained by the employer for the use of employees, the theory being that a contract of employment which contemplates parking by employees on the premises must necessarily contemplate their entry and departure via the parking area and a reasonable interval of time and space for doing so.” (North American Rockwell Corp. v. Workmen’s Comp. App. Bd. [(1970)] 9 Cal. App. 3d 154, 157 [35 Cal. Comp. Cases 300, 87 Cal.  Rptr. 774] see Cal. Cas. Ind. Exch. v. Ind. Acc. Com., supra, 21 Cal. 2d 751, 754 Pacific Indem. Co. v. Industrial Acc. Com. [(1946)] 28 Cal. 2d 329, 336 [11 Cal. Comp. Cases 148, 170 P.2d 18]  [**5] Van Cleve v. Workmen’s Comp. App. Bd. [(1968)] 261 Cal. App. 2d 228 [33 Cal. Comp. Cases 219, 67 Cal. Rptr. 757].)”

In the present matter, while one can argue about whether the assault was a continuation of work activities, this dispute is not necessary to determine work-relatedness. The fact that the beating took place in the parking lot is sufficient to make it a work-related event.  As long as the Coach was not the initial physical aggressor, the injury should be considered as work related for the purposes of providing workers’ compensation benefits.

What If I Need Legal Advice?

If you want a free consultation regarding workers’ compensation, please get in touch with the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 30 years. Contact us today for more information.

FOOTBALL STAR DOCUMENTS HIS LONG- STANDING WORK INJURY IMPAIRMENT: INJURED WORKERS IN THE NEWS #104

Super Bowl-winning quarterback Drew Brees recently discussed his long-standing correct shoulder problems. In 2005, he dislocated his shoulder while playing for the San Diego Chargers. In 2023, he can no longer throw with his right hand. Brees was told that the dislocated shoulder placed him on the “fast track to a degenerative shoulder and all kinds of arthritic changes. I don’t throw with my right arm anymore. If I could, I would still be playing.'” Nola.com. Besides tossing a football, he reported problems using his arm above his shoulder.

What Is Impairment and Why Does It Matter?

In California, Permanent Impairment is assigned to work injuries. This impairment is used to determine an Injured Worker’s Permanent Disability Percentage. The AMA Guides for Rating Permanent Impairment, 5th Edition, is employed to do so. Per the guides, impairment is “a loss, loss of use, or derangement of any body part, organ system, or organ function.” Per the Guides, “[a]n impairment can be manifested objectively, for example, by a fracture, and subjectively, through fatigue and pain. Although the Guides emphasize objective assessment, subjective symptoms are included within the diagnostic criteria. According to the Guides, determining whether an injury or illness results in a permanent impairment requires a medical assessment performed by a physician. An impairment may lead to functional limitations or the inability to perform activities of daily living.”

In Mr. Brees’ workers’ compensation case, throwing a football would not be considered an impairment. Tossing a ball is not an Activity of Daily Living. (ADL)   ADLs are as follows: “Self-care, urinating, defecating, brushing teeth, personal hygiene combing hair, bathing, dressing oneself, eating Communication writing, typing, seeing, hearing, speaking Physical activity standing, sitting, reclining, walking, climbing stairs Sensory function hearing, seeing, tactile feeling, tasting, smelling Nonspecialized grasping, lifting, tactile hand activities discrimination Travel riding, driving, flying Sexual function orgasm, ejaculation, lubrication, erection Sleep restful, nocturnal sleep pattern.”

While Mr. Brees’s main complaint does not fall within the AMA guidelines as an activity of daily living, he did describe an impairment of the inability to use the arm above the shoulder. Therefore, his ADL impairment would be related to putting on clothes or doing laundry. His impairment would also be due to his lack of range of motion and other conditions.

Workers’ Compensation law also allows doctors to describe the impairment most accurately should there be some difficulty in doing so. Per case law,  a physician can deviate from the strict rating by doing the following: “(1) provide a strict rating per the AMA Guides; (2) explain why the strict rating does not accurately reflect the employee’s disability; (3) provide an alternative rating within the four corners of the AMA Guides; and (4) explain why the alternative rating most accurately reflects the employee’s level of disability.”

What If I Need Legal Advice?

If you want a free consultation regarding workers’ compensation, please get in touch with the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 30 years. Contact us today for more information.

denied work injury claim

DID THE WORKERS’ COMPENSATION SYSTEM LET A BATTERED TEACHER DOWN? INJURED WORKER IN THE NEWS, #103

The Workers’ Compensation System is not without controversy or flaws.

A Florida Instructor’s highly publicized work injury illustrates a benefit payment kerfuffle. How the workers’ compensation works has made a Teacher/Paraeducator struggle post-injury to make ends meet. A student had criminally assaulted her and, as a result, suffered severe injuries.

This article analyzes how a Seriously Injured Worker’s benefits can be terminated. The article’s analysis is under California Worker’s Compensation Law.

Despite suffering five broken ribs, receiving a severe concussion, sustaining a hearing loss, and having slowed speech, this brave Educator returned to the workplace. In the news account, she stated, “Unfortunately, a lot of my injuries that are not visible I’m going to have for the rest of my life.”. According to Dailymail.com, “[t]he educator said she has been struggling to resolve her workers’ compensation case.” She returned to work in a different job title. Since then, she has gone on unpaid leave. Nypost.com

How Do Temporary Disability Benefits Operate?

In the Workers’ Compensation System, temporary disability(TTD) benefits are paid when an individual cannot work their usual and customary occupation. The determination is made through a physician. There are times when an Injured Worker is determined to be able to perform limited work, i.e., light duty. In those instances, if the employer cannot accommodate the temporary work restrictions, the Injured Worker will continue receiving temporary disability benefits. With temporary disability benefits, there is a cap. For many injuries, the cap is at 104 weeks.

Did The Teacher’s Return To Work Impact Her Benefits?

Yes. In California Workers’ Compensation Law, an Injured Worker’s right to receive temporary disability benefits terminates when they return to work.   This termination can occur when one returns to an alternative or modified work position.   Thus, to receive renewed temporary disability benefits, the Injured Worker must re-establish their medical status via a medical provider. In the fact pattern presented, it would appear that the Teacher did not get medically certified despite going off of work again. Thus, no obligation was triggered to obligate the carrier to resume the payment of TTD benefits.

What If I Need Legal Advice?

If you want a free consultation regarding workers’ compensation, please get in touch with the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 30 years. Contact us today for more information.

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