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  1. #1
    Join Date
    Jul 2010
    Posts
    5

    Default Mileage Reimbursement Issues

    I moved from norcal to southern oregon and told my dumb douchebag claims adjuster of my new address she said ok great. Then i went to my regular doc visit 3 weeks later and turned in a mileage reimbursement for $375 and she started a bunch of crap. Said i had to get an oregon doctor etc.. so I moved back to old address to stem the need to have to find and kill her. In the meantime it's been over 60 days since I turned in that mileage reimbursement and I've been paid on other mileage reimbursements that were much much lower like $50 bux. I'm ready to file whatever claim i'm supposed to file with the information office but my atty says they have no obligation to pay me my mileage. Is there a cap on mileage? What should I be able to ask for that's reasonable $$$ money wise and is my attorney right am i totally out of luck?

    Thanks in advance,





    *Awesome site, have it bookmarked.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Mileage Reimbursement Issue

    they have an obligation to pay "reasonable" mileage. there is no cap
    here's the law LC 4600
    http://www.leginfo.ca.gov/cgi-bin/di...le=4600-4614.1
    there is an automatic 10% penalty beyond 45 working days.
    what is reasonable can be determined by a judge should you wish to litigate the issue.
    Last edited by .SH; 07-09-2010 at 02:28 PM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Mileage Reimbursement Issue

    The truth is, it doesn't matter what you guy think... there are 'reasonable' mileage reimbursements, and there are those that are not.

    As you have moved out of state, voluntarily, the carrier is required to pay "reasonable" mileage/travel costs. While the ER/IC is required to provide medical treatment to your injury, they are not necessarily required to chase you down to treat that injury.

    Find a Dr in your neighborhood....if you have difficulty, seek the help of the CA... just moving w/o the notice before hand, and thinking you can just travel to your prior PTP, is not '''reasonable''....

  4. #4
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Mileage Reimbursement Issue

    california comp attys don't get paid by the hour.

  5. #5
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Mileage Reimbursement Issue

    Quote Quoting BvIA View Post
    The truth is, it doesn't matter what you guy think... there are 'reasonable' mileage reimbursements, and there are those that are not.

    As you have moved out of state, voluntarily, the carrier is required to pay "reasonable" mileage/travel costs. While the ER/IC is required to provide medical treatment to your injury, they are not necessarily required to chase you down to treat that injury.

    Find a Dr in your neighborhood....if you have difficulty, seek the help of the CA... just moving w/o the notice before hand, and thinking you can just travel to your prior PTP, is not '''reasonable''....
    Yes thank you for input and its the large amount of mileage isn't an issue anymore, just a one time request thats unpaid at this time that the claims adjuster had been made aware of well before the trip ever happened.

    Although I do have one dispute with what you are saying, my primary care physician is a back surgeon and they aren't so easy to find and/or just change. I'm sure you're aware most surgeons aren't interested in work comp. I like my doc and so does my atty and if I changed to some dick who was nothing more than an agent for the insurer, i.e. Kaiser Incompetant for example, then I would inherit a prob of my own making. Not so well advised to prescribe to the just change doctors theory. Thats it thats all..

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Mileage Reimbursement Issue

    The WC carrier can compel you to treat with a Dr in the MPN... nothing much you can do to control or change that, regardless of your opinion of Kaiser Drs.
    then I would inherit a prob of my own making. Not so well advised to prescribe to the just change doctors theory
    You've already created a problem of your own making...you voluntarily moved out of state.
    Out of state Dr are not required to treat to Calif standards, or Calif WC rules. Thats' why it's difficult to find a Dr, particularly in Oregon, to accept a Calif WC claim. They have enough 'shit' to handle with their own system w/o taking on Calif/ours.

    If the "medically necessary'' trip was pre authorized by your CA, then the mileage is due. It is still 'reasonable' that you find a Dr in your neighborhood to treat your injury.

    I like my doc and so does my atty and if I changed to some dick who was nothing more than an agent for the insurer,
    You play by the WC rules as you are asking the ER/IC to pay for your treatment/injury. If you would like to pay out of pocket, you could of course treat with any physician you like. Or that your AA likes.
    So the ''....change doctors theory.'' is not really your option, but just the way comp works. Like it...fair, no, probably not. Illegal, no. Can they do it...? Yup. Without a doubt.

  7. #7
    Join Date
    May 2008
    Posts
    329

    Default Re: Mileage Reimbursement Issue

    If you don't like the answer, don't post the question.

    And your the asshole, not B.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Mileage Reimbursement Issue

    You are out of state, unless the carrier has a MPN in Oregon... you can treat with a doctor of your choice. BUt, the carrier CAN compel you to return to CAlif for a 4050 examination, and/or QME/AME at their costs. That doesn't mean you can continue to treat with a Calif Dr in the MPN at their cost.

    And don't be such a smart ass... if you don't like the opinions here, talk to your attorney, who should be giving you the answers to your questions anyway. YOu don't get legal advice from a message board.

  9. #9
    Join Date
    Jul 2010
    Posts
    5

    Default Re: Mileage Reimbursement Issue

    Quote Quoting BvIA View Post
    You are out of state, unless the carrier has a MPN in Oregon... you can treat with a doctor of your choice. BUt, the carrier CAN compel you to return to CAlif for a 4050 examination, and/or QME/AME at their costs. That doesn't mean you can continue to treat with a Calif Dr in the MPN at their cost.

    And don't be such a smart ass... if you don't like the opinions here, talk to your attorney, who should be giving you the answers to your questions anyway. YOu don't get legal advice from a message board.

    Who said I was out of state and how did this turn into a doctor issue. I was looking for advice on one (1) unpaid mileage reimbursement which I got.

    After you learn to read work on getting your AV rating then get back to me.
    Last edited by kbuckbuffoon; 07-10-2010 at 02:26 PM.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Mileage Reimbursement Issue

    From your first post in this thread...
    I moved from norcal to southern oregon...
    And, [QUOTE] my primary care physician is a back surgeon and they aren't so easy to find and/or just change. I'm sure you're aware most surgeons aren't interested in work comp. I like my doc and so does my atty and if I changed to some dick who was nothing more than an agent for the insurer,[/

    Don't change midstream if you don't like the responses. The information you receive here is not necessarily specific to you situation..there are 100's of readers here, if not 1000's, many/most of whom never post a message or ask a question.

    It's an open forum, you don't "own" any specific thread even though you may be the orginiator.

    Cool your jets dude... you'll get along better here, If it matters to you... doesn't really to anyone else.

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