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Mileage to pick up narcotic medication denied?
Dear Roots Gal:

Apparently your issue is reimbursement for the cost of round trip mileage to get medication your doctor  prescribed to treat your work injury. 

You say carrier denies mileage reimbursement  saying "we do not cover mileage to pick up a prescription that CANNOT be called in, faxed or mailed."  You also say that CT laws require you to pick the medication and that this medication is treatment per Connecticut statute 31-312,

We see a response to your post from user "1171" referring you to a January 2009 case Dellarocco v. Town of Old Saybrook which you can find online at http://wcc.state.ct.us/crb/2009/5324crb.htm.

We read that case. 

In Dellarocco the claimant didn't bother to show up for trial - courts generally don't take kindly to that.

We also see that the Dellarocco opinioon was primarily concerned with a claimant who wanted to be paid for his time to go to the doctor and pick up medication.

The quote User "1171" posted is from a footnote in Dellarocco regarding the mileage issue and seems to indicate that the carrier cannot be compelled to reimburse a claimant for the cost of mileage to pick up a prescription.

Ask yourself -- 

 >Is Dellarocco v. Town of Old Saybrook still good law? 

 >Is the footnote mere dicta?

 >What do the statutes cited in the footnote say?  

Do you think this is complicated and confusing?  You betcha' it is!

Insurance adjusters have eight hours a day to run you ragged on small issues --  small issues which add up.   They are PAID to do that. 

So  -- you can either do further legal research yourself or you can consult a workers' compensation professional -- an attorney -- or see if your state provides the public an information and assistance officer at the workers' compensation court who might be able to answer your question. 

You have obviously done some research already.  Clearly defining and researching your issue will make your time with an attorney more useful - you'll be able to ask clear questions.

In most states you do not pay a workers compensation attorney up front -- he/she is paid a relatively small percentage of your recovery when the case is resolved.

If you really want to fight this issue and other issues that you'll probably encounter in this case, consult an attorney rather than a message board.  

Sorry if that sounds harsh --  but there's a reason people spend years and lots of money to get a legal education -- the law is not simple and you can make serious errors if you treat it as DIY simple.

Although I won't be answering any further questions from you on this please know that I sincerely wish you the very best of luck. Shy





Messages In This Thread
RE: Mileage to pick up narcotic medication denied? - InjuredOne - 05-09-2016, 02:40 AM

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