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#1

NYS here. I haven’t been paid mileage in about 2 years now. I went to court in January and the judge ruled in my favor that the carrier needed to audit and pay me my mileage. I just received a letter from the carrier’s lawyer and there is a bunch of mileage I submitted that they say they’re not paying for. Most of the mileage is to have my spinal cord stimulator reprogrammed which my doctor says is necessary. The SCS was installed all part of the injury I had and was paid for by the carrier. Does anyone know if this should be covered under comp ? It’s 100 miles round trip to have this done and I had 8 appointments that I turned in to the carrier. Thanks for any help
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#2

this is probably a gray area not specifically addressed by the NY work comp statutes.
you should discuss it with your attorney who would be familiar with any caselaw precedents
since the implant adjustment facility may not be strictly considered as being your health care provider .
i suspect there have been past legal decisions that ruled on who/what may be qualified as coming under the medical mileage reimbursement provisions.

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#3

Thanks 1171 I’ll have my lawyer look into it
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