Mileage reimbursement question

[LornaMc]

State is California.

Background on my case: Got physically assaulted at work. There were 2 witnesses including a manager. They refused to let me see a doctor, and threatened to fire me saying that the reason I was assaulted was because I let my guard down and didn't watch out. My nose was broken, 2 bulging disks, acl is torn, and my left ear lost hearing for weeks. When I hired a workers comp lawyer, the insurance still denied my case. A few months later it appears that they are finally taking responsibility. My MSH is in 3 weeks.

...Okay now to my question. I submitted my mileage reimbursement about 3 months ago and the insurance company still has not sent me anything. I live in a "backwoods" town and my doctors are usually over 100 miles away. The reimbursement amount is over $1500. I really need that money right now because I got 4 more doctors appointments in the next few weeks. Most of the workers comp people at my physical therapy place say that they usually get their reimbursement check within 2-3 weeks. Why is mine taking so long? Is my insurance refusing to pay it? Is there anything I can do to check on the statues of the check?
Thanks in advance.

[bronco54501]

I am not from your state, but this is how it works in wi.. The way I did it was monthly keep a log of your mileage to and from appoinments. Each month send it in, I did first class registered mail so you have a reciept upon them getting it.. Here they have 30 days after recieving it to cut you a check. Have you brought this to your lawyers attention...? There are penalties in which they will have to pay you on top of your mileage.. This is the way it works here....

[Woodlawn]

(09-18-2011 07:37 PM)LornaMc Wrote:  State is California.

Background on my case: Got physically assaulted at work. There were 2 witnesses including a manager. They refused to let me see a doctor, and threatened to fire me saying that the reason I was assaulted was because I let my guard down and didn't watch out. My nose was broken, 2 bulging disks, acl is torn, and my left ear lost hearing for weeks. When I hired a workers comp lawyer, the insurance still denied my case. A few months later it appears that they are finally taking responsibility. My MSH is in 3 weeks.

...Okay now to my question. I submitted my mileage reimbursement about 3 months ago and the insurance company still has not sent me anything. I live in a "backwoods" town and my doctors are usually over 100 miles away. The reimbursement amount is over $1500. I really need that money right now because I got 4 more doctors appointments in the next few weeks. Most of the workers comp people at my physical therapy place say that they usually get their reimbursement check within 2-3 weeks. Why is mine taking so long? Is my insurance refusing to pay it? Is there anything I can do to check on the statues of the check?
Thanks in advance.

Regarding the first paragraph, you need to contact the CA Department of Insurance. Your employer cannot refuse to let you see a doctor if you have been injured. An employer who does that sort of thing can get in very serious trouble.

As far as the mileage, assuming the carrier accepted your claim, they have 45 calendar days to issue the mileage without there being a penalty issue. Of course, if they haven't actually accepted it that would explain why you don't have it.

Another issue I could imagine the carrier having a problem with is the mileage to see a doctor itself. When you talk about 100 miles, are you saying round trip or one way. They could object to that as being an unreasonable distance.

More information is always better, but that's what's springing to mind.

[1171]

if it's beyond 45 working days you are entitled to an automatic 10% penalty and you can also apply for a court ordered penalty on any unreasonable delay in any benefit including mileage and penalties.

[LornaMc]

Hey.....thanks a lot for the info guys. The check ended up showing up literally a few hours after I wrote this thread. How ironic. BUT....there was no 10% penalty added on the check. I really think I should bring that up to my lawyer. And off course, they low balled me on the mileage. There was like $200 less than I calculated.

[LeglEgl]

(09-21-2011 01:56 AM)LornaMc Wrote:  How ironic. BUT....there was no 10% penalty added on the check. ......
they low balled me on the mileage. There was like $200 less than I calculated.

I wouldn't pick fights over minimal issues, such as the 10% late penalty. If it became a regular issue, then I would address it with your attorney.

As far as mileage, most IC's will check mapquest, googlemaps, or yahoomaps to determine mileage. If your mileage seems significantly different than those sources, they'll adjust it and pay you accordingly.

[bronco54501]

So true, if they question the miles.. Even if there was a detour 20 miles longer , it wont show up.. And they always use the shortest distance.....

[LornaMc]

Hey guys. I got another question about mileage.
I got another mileage reimbursement form I need to send to the IC. Is it okay to send it directly to them, or do I need to send it to my law office and have them send it to them? I am asking this because the reason it took over 2 months to get my reimbursement was because the paralegal at my law office is some 21 year old girl who is kind of lazy and incompetent. Apparently, she didn't send them my form till like 3 weeks after I faxed it to her.

[1171]

fax it directly to the carrier

[bronco54501]

I always have taken care of the mileage, but also sent a copy to my attorney and then a copy of the check when it arived.. Some times a attorney's office is very busy and they dont get at things as fast as we would like... But, 3 weeks later.... If it would have been my office she would have been talked to or fired....