CALIFORNIA COMPENSATION CASES Vol. 88, No. 5 May 2023 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board In 2022 there were 7,490 wildfires in California. They burned 362,455 acres...
By Christopher Mahon Should temporary workers be treated separately under workers’ compensation law due to additional employment and income risks they may incur after workplace injuries? A new study...
Here's a noteworthy panel decision where a family member conveyed essential information to the AME on behalf of the injured employee. The Lexis headnote is below. CA - NOTEWORTHY PANEL DECISIONS...
Oakland, CA – Part II of a California Workers’ Compensation Institute (CWCI) research series on low- volume/high-cost drugs used to treat California injured workers identifies three Dermatological drugs...
The Internal Revenue Service has announced that the standard mileage rate for business miles will decline 0.5 cents per mile to 53.5 cents per mile as of January 1, 2017. The California Workers’ Compensation Institute (CWCI) notes that this means the mileage rate that California workers’ compensation claims administrators pay injured workers for travel related to medical treatment or evaluation of their injuries will need to be adjusted to the new IRS rate for travel on or after January 1, 2017, regardless of the date of injury, though the current rate of 54 cents per mile rate should be paid for all 2016 travel.
California Labor Code §4600 (e)(2), working in conjunction with Government Code §19820 and Department of Personnel Administration regulations, requires claims administrators to reimburse injured workers for such expenses at the rate adopted by the Director of the Department of Personnel Administration for non-represented (excluded) state employees, which is tied to the IRS published mileage rate. In a news wire issued December 13, the IRS announced that as of January 1, 2017, the standard mileage rate will decrease to 53.5 cents per business mile driven. The IRS bases the standard mileage rate on an annual study of the fixed and variable costs of operating an automobile.
There have been multiple mileage rate changes since 2008, so the California Division of Workers’ Compensation has posted downloadable mileage-expense forms under Claim and Court Forms on the Forms page of its website, www.dir.ca.gov/dwc/forms.html which show applicable rates based on travel date. A new form with the 2017 rate is expected to be posted shortly but it should not be used until reimbursements are being made for 2017 travel. In the meantime, claims organizations should alert their staff and programmers that the rate will drop to 53.5 cents per mile for travel on or after January 1, 2017.