Q: Is there deadline to submit CA WC mileage if claim was settled with medical left open & still being seen by a Dr?
If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full payment once they receive the mileage paperwork? Would I need to include the rates that need to be paid out for each year?
A:
In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting mileage reimbursement requests, it's advisable to submit them regularly to avoid disputes over the timeliness and relevance of the expenses.
The California Division of Workers' Compensation does not specify a strict deadline for submitting these mileage claims, even if your medical treatment extends over many years. However, if your claim or insurance carrier changes hands, it is important to notify the new insurer of any pending reimbursements. Documentation and clear communication are key in ensuring your reimbursement requests are processed smoothly.
Once the mileage paperwork is received by the WC insurance, they typically have a reasonable time frame to process and make payments, usually within 60 days. It's beneficial to include the applicable mileage rates for each year when submitting your request, as rates can change annually. If you encounter delays or disputes in getting reimbursed, you might consider consulting with a professional familiar with WC claims to assist in resolving the issue.
Ronald Mahurin agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.