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

Posted on December 19, 2023 by Edward Singer

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).

Injured Workers in California are entitled to receive medical reimbursements for mileage incurred in the course and scope of their medical treatment. Further, Injured Workers are entitled to mileage attending their deposition. Additionally, Injured Workers are entitled to mileage reimbursement for attending Qualified Medical Evaluations and Agreed Medical Evaluations.

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.

ZOO WORKER LITERALLY HAS A BAD HUMP DAY: INJURED WORKER IN THE NEWS, #47

Posted on July 14, 2022 by Edward Singer

Yes. On a Wednesday, aka Hump Day, it is reported that a Camel bit a Minnesotan Zoo Worker on the head. The Zoo Worker was dragged about 15 feet. Foxnews.com Another another co-worker was also bit in the head. The Injured Worker, who was bit and dragged, was airlifted to a hospital for treatment. The other Injured Worker declined medical treatment. The camel reportedly was not injured.

The fact pattern raises many important issues within workers’ compensation.

Who Pays for the Worker’s Airlift to Get Medical Treatment?

In California, medical transportation is considered as part of medical treatment. As such, if an ambulance or airlifting is medically necessary, the expense is to be paid for by the workers’ compensation carrier.

What Are the Concerns for the Injured Worker Who Was Dragged?

The Injured Worker who was bitten and dragged by the head has multiple medical concerns. First, there is question as to whether a Camel bite can transmit any blood borne illnesses or infections. Second, there is the question as to whether there was a head injury or trauma. Third, there is the concern as to whether there was an orthopedic neck injury. Finally, there is a concern that this injury caused an emotional injury. As such, it is important for the Injured Worker document with the medical providers all of their complaints.

Is There Any Concern for the Injured Worker Who Declined Medical Treatment?

Yes. Sometimes, at the time of the accident, an Injured Worker may feel that they were not injured. Sometimes, the next day they start feeling aches and pains from the accident. Therefore, it is important that the Injured Worker, even though they are not seeking medical attention, fill out a workers’ compensation claim form, a DWC-1, and note the body parts affected. In this instance, the Injured Worker should note that they were bitten on the head.

What if I Need Advice?

Medical Mileage Reimbursement 2022 Update To Reflect Mid-Year Rate Increase

Posted on July 6, 2022 by Edward Singer

This article will discuss the 2022 Medical Mileage Reimbursement Rate.

What was the Mileage Reimbursement Rate for 2022?

The medical mileage rate for 2021, was set at $.58.5 cents per mile.

Did The Mileage Rate Change Mid-2022?

The new rate means that, regardless of your date of injury, if you incur mileage during the year of 2022, that is reimbursable, you will receive $62.5 per mile EFFECTIVE 7/1/22. Again, this applies to all dates of injury and mileage incurred from 7/1/22, and onward.

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?

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?

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?

What if I Need Advice?

NEWS REPORTER SERIOUSLY HURT IN UKRAINE: INJURED WORKER IN THE NEWS, #28

Posted on April 11, 2022 by Edward Singer

A Fox News Reporter sustained severe injuries when he and his crew came under attack in Ukraine. According to reports, Mr. Hall, the reporter, wrote, “[t]o sum it up, I’ve lost half a leg on one side and a foot on the other. One hand is being put together, one eye is no longer working, and my hearing is pretty blown… but all in all I feel pretty damn lucky to be here – and it is the people who got me here who are amazing!” poynter.org

It is reported that he had extensive medical treatment. He was evacuated out of Ukraine. He was taken to Germany and then he was taken to Texas for treatment.

This article will discuss issues of this fact pattern as if it would fall under a California Workers’ Compensation Law.

Does Medical Treatment Include Transportation Costs?

Yes. Medical transportation is included as part of medical treatment In Mr. Hall’s instance, there was Med-Evac Treatment. In other terms, Medical Transportation is necessary as part of medical treatment. This is included with Labor Code Section 4600 under the provision to provide medical treatment which is reasonably required to cure or relieve from the effects of the injury. Air Ambulance Services are included under this provision.

Are There Any Special Benefits That Would Be Available Under Workers’ Compensation Law?

Yes. There are two body parts that may make Mr. Hall eligible for additional periods of temporary disability given the facts. The amputation would qualify him for the extended TTD benefits in accordance with Labor Code Section 4656. Likewise, his eye injury may also qualify him for the benefit. His injury to his eye was caused by a high velocity object or it was a result of a chemical burn. This determination will require a determination by a medical doctor as to the cause. The specific language in the statute is “high-velocity eye injuries” or “chemical burns to the eyes.”

What Would Be the Venue for This Claim?

While the injury happened in Ukraine, this claim will be filed at a particular state. Most likely, Mr. Hall’s claim could be filed at the location he works. Thus, if he is based out of Texas, Texas law may apply. Venue, at times, can involve a multitude of factors. This can include where his contract was made or which States Mr. Hall worked in at Fox. In otherwords, there may be a choice of venue given the facts of the case.

What If I Need Advice?