time to pay milage reimbursement (California)

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time to pay milage reimbursement (California)

Postby ylldbill@sbcglobal.net on Tue May 19, 2015 8:00 pm

Just a quick question--how long does the ic have to reimburse the iw for mileage? I thought it was 45 days, but???
Thanks
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Re: time to pay milage reimbursement (California)

Postby LawAdvocate on Wed May 20, 2015 11:47 am

45 days unless it is a governmental/public entity then 60, same for all medical treatment.
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Re: time to pay milage reimbursement (California)

Postby ylldbill@sbcglobal.net on Wed May 20, 2015 3:59 pm

Thanks--what labor code or ccr is that under??
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Re: time to pay milage reimbursement (California)

Postby ylldbill@sbcglobal.net on Wed May 20, 2015 9:13 pm

law advocate---just wanted to say that I found my answer and it is 60 days

thanks
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Re: time to pay milage reimbursement (California)

Postby LawAdvocate on Thu May 21, 2015 7:33 am

No it is not.

The case is Avalon By Foods vs. WCAB (Moore) 63 CCC 902 which states Travel expenses are not a separate class of benefits from medical treatment and penalties for delay in payment attach.

Again, it is due in 45 days after receipt, unless your employer was a public or governmental entity in which case it is due within 60 days, after receipt.
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Re: time to pay milage reimbursement (California)

Postby ylldbill@sbcglobal.net on Thu May 21, 2015 9:18 am

Lawadvocate--I am confused--the case you cited staes the following--60 days==


" In this matter, an injured employee sought a penalty against his workers' compensation insurance carrier, contending that it unreasonably [18 Cal.4th 1168] delayed payment of his medical treatment transportation benefits. The Workers' Compensation Appeals Board (hereafter the board) determined that the delay, amounting to less than 60 days, was unreasonable and ordered the carrier to pay a 10 percent penalty, pursuant to Labor Code section 5814.

We granted review to address two related questions of law: (1) whether the penalty for unreasonable delay in payment of medical treatment transportation expenses properly applies to the full amount of the award for medical treatment expenses, and (2) whether the employer, or its insurer, has 60 days after receipt of documentation in which to reimburse the injured worker for medical treatment transportation costs, pursuant to Labor Code section 4603.2, subdivision (b).

We conclude that the answer to both questions is yes. Medical treatment transportation benefits are an element of overall medical treatment benefits under Labor Code section 4600, not a different class of benefits. For that reason, they are subject to the 60-day time limit for payment applicable to other medical treatment benefits.

Because the insurer in this matter reimbursed the injured employee within 60 days of receiving documentation itemizing his medical treatment transportation costs, its payment was timely; no penalty should have been applied. Accordingly, we affirm the judgment of the Court of Appeal annulling the board's order. "
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Re: time to pay milage reimbursement (California)

Postby jpod on Thu May 21, 2015 12:50 pm

That's b/c Avalon By Foods vs. WCAB was decided in 1998. It established that mileage was a medical benefit and subject to the same rules as medical billings. SB 863 or SB 899 (forget which) changed the time to pay from 60 days to 45 days.
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Re: time to pay milage reimbursement (California)

Postby ylldbill@sbcglobal.net on Thu May 21, 2015 8:18 pm

i can't seem to find the 45 days in sb899 or sb863--they talk about paying dr bills in 45 days, but no mileage issues--very confusing. The courts seem to think the lanuage on the mileage forms is correct--it states 60 days??
Thanks
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