12-13-2017, 02:53 AM
(12-12-2017, 11:51 AM)1171 Wrote: We went over this before. You might want to reread your prior posts.Yep, I've read it before. Just double checking, plus, it helps for documentation! Thanks again
I posted the same statute and a link to the form......?!
Here it is again.
Yes they should.
You may have to fight for it; as he's not the only one that does not know the law.
Labor code 4600 has the statute that details "other travel related costs" as mentioned in the form.
(e) (1) When at the request of the employer, the employer’s insurer, the' administrative director, the appeals board, or a workers’ compensation administrative law judge, the employee submits to examination by a physician, he or she shall be entitled to receive, in addition to all other benefits herein provided, all reasonable expenses of transportation, meals, and lodging incident to reporting for the examination, together with one day of temporary disability indemnity for each day of wages lost in submitting to the examination.
(2) Regardless of the date of injury, “reasonable expenses of transportation” includes mileage fees from the employee’s home to the place of the examination and back at the rate of twenty-one cents ($0.21) a mile or the mileage rate adopted by the Director of Human Resources pursuant to Section 19820 of the Government Code, whichever is higher, plus any bridge tolls. The mileage and tolls shall be paid to the employee at the time he or she is given notification of the time and place of the examination
http://leginfo.legislature.ca.gov/faces/...rd=Mileage
I've forgotten the case citation as well but there have been numerous prior decisions that this provision applies to all authorized/approved treatment. Not just medical/legal exams. This and the mileage amount have changed by caselaw as well.
The form is here
http://www.dir.ca.gov/dwc/I&A_mileageForm.pdf