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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.

At SpaceX, Worker Injuries Soar Amidst Elon Musk’s Race to Mars: Injured Workers in the News, #101

Posted on November 14, 2023 by Edward Singer

Elon Musk’s SpaceX Company has been beset with work injuries. According to the DailyMail.com, the injuries have included cuts or lacerations, broken bones, dislocations,, hands or fingers were ‘crushed,’ head injuries, skull fractures, concussions and a traumatic brain injury. Further, there have been burns and eye injuries.

There are allegations of safety failures.

Specifically, in California, the article reports that “[s]enior managers at the Hawthorne, California site had been repeatedly warned about the dangers of rushing the engine’s development, along with inadequate training of staff and testing of components.”

This article will discuss the nature of these work accidents and the special benefits that may apply.

What Special Benefits Can Be Received For Amputations, Burns or Eye Injuries?

In California, there are special extended total temporary disability benefits in the case of amputations, burns and eye injuries. With respect to burns or eye injuries, there are special criteria which apply. Labor Code 4656(c)(3), provides: (c)(3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.”

Thus, for burn injury claims, an analysis must be made as to whether it could be considered as “severe”. With respect to eye injuries, there must be a causation analysis. Was the accident caused by a fast-moving object? Did chemicals cause burns to the eyes?

If There Had Been Repeated Warnings of Dangers, Can This Trigger Additional Compensation?

Labor Code Section 4553 provides for increased compensation if there is serious and willful misconduct. This requires a separate filing and has a different statute of limitation applicable. Serious and Willful Claims usually requires a finding from the Workers’ Compensation Appeals Board. Labor Code Section 4553 indicated “The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof.(c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.”

What If I Need Legal Advice?

Tragic Accident: Industrial Robot Crushes Worker in South Korea: Injured Workers in the News, #99

Posted on November 10, 2023 by Edward Singer

A robot may not injure a human being or, through inaction, allow a human being to come to harm.

A robot must obey orders given it by human beings except where such orders would conflict with the First Law.

A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

Isaac Asimov

A South Korean Worker was reportedly killed by a robot. The employee, who worked for the robotics company, died while he was at a plant for which he was servicing a robotic system which had been installed. Mistaken for a box of bell peppers, the Worker was lifted up and slammed onto a conveyor belt by the robot. rt.com

This article will address this fact pattern within the framework of California Law.

What recourse does the Worker’s family have in this circumstance?

In death caes, the Workers’ Compensation system provides for death claims for dependents of the deceased worker. Burial expenses are also to be provided. Generally, no civil suit could be filed against his employer civilly for this accident under the “exclusive remedy” doctrine. In this circumstance, his employer is the robotic company which had installed the system most likely would only be subject to a workers’ compensation claim.

Are There Any Other Claims That Can Be Filed?

In this circumstance, an investigation should be done with respect to the nature and extent that the worker’s manufactured the robot. If another company was involved in the manufacturing or installation process, it is possible action that an action could be brought against them in the form of a civil suit. Likewise, if the Plant where the system had been installed were somehow responsible for the robot error, they too could be subject to a civil suit.

What If I Need Legal Advice?

Unprofessional Conduct: Referee Faces Charges for Assaulting Coach: Injured Workers in the News, #97

Posted on October 27, 2023 by Edward Singer

It was reported that in Corona, California, located in Riverside County, a Referee punched a Coach in the face during the course of a high school basketball game. It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground. As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com

This article will discuss a number of issues that arise from this incident. These include Third Party Liability and Average Weekly Wage.

What Is Third Party Liability and Why Would It Apply Here?

While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims. A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer. In this instance, the Referee might be considered a third party that who could be sued. Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked. If so, they could be sued as a Third Party. If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation. This is called the exclusive remedy doctrine. Arguably, the Referee could be sued individually as he committed an intentional tort.

Why Are Earnings A Concern In This Type of Case?

In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district. If he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages. The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.

What If I Need Legal Advice?

Florida Teacher Attacked by Student Injured Workers in the News, #95

Posted on October 18, 2023 by Edward Singer

A Teacher (official title Paraprofessional) was brutally beaten by a 270 pound seventeen-year old student. It was reported that she was beaten to the point that she lost unconsciousness (note: the loss of consciousness is a sign that there might be a brain trauma.) The student was arrested, pled guilty and is reported to be scheduled for criminal sentencing. It is possible that the student could be sentenced as either an adult or a juvenile. In the worst case scenario, the student faces up to 30 years in prison. Flagerlive. News accounts arguably have painted the Teacher as a bad person due to the fact that she has no interest in assisting the student during his sentencing procedure.

The news accounts- which are offensive and victimize the victim- are pathetic. It is quite possible that the Injured Worker, as a result, may be emotionally impacted by the event surrounding the criminal proceeding. It must be noted that this Injured Worker has no obligation to either participate in the sentencing procedure or offer up a message to the Judge to give the student leniency. Some of the media appear to disrespect an Injured Worker who suffered severe trauma.

As a practicing attorney, I have represented Injured Workers who- as victims of crime- have been forced to participate in the criminal prosecution of the offenders. These moments can be very stressful.. They can often re-ignite the emotional trauma from the incident. As such, there is an issue as to whether this emotional stress would be considered as work-related.

In California, If This Criminal Proceeding Caused The Injured Worker Increased Emotional Harm, How Would It Be Addressed?

Assuming that this Injured Worker included a psyche injury with respect to the initial assault, the following analysis is to be made: With respect to the need for medical attention, treatment to cure or relieve from the effects of the injury is to be provided. Most likely, a doctor would indicate that the need for treatment after dealing with the criminal proceeding constituted an aggravation of her emotional state tied to underlying assault. Thus, any treatment would be provided on an industrial basis for treatment connected to the criminal proceedings.

With respect to a permanent disability award, there is likely to be controversy. Should the criminal proceeding be considered as a continuation or the original industrial injury? Or, should it be considered as a non-industrial event? This is a matter of controversy which has not been fully meted out. It is my opinion that this matter that it will be both factually based as well as medically based. In other words, the nature of the original injury and the nature of the criminal proceedings will come into play. Likewise, the nature and extent of the medical treatment psychologically prior to the criminal proceedings might be of interest. In essence, the issue is both complex and multi-factoral.

What If I Need Legal Advice?