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NY: WCB Changes Rate Of Reimbursement To Claimants For Travel By Automobiles

New York City, NY (CompNewsNetwork) - In accordance with the Board resolution adopted on February 20, 1990, the mileage rate for reimbursement to claimants for travel by automobile is to be the same rate at which management/confidential state employees are reimbursed for travel by automobile …...

Texas: TPCIGNA v Brooks 03-10-00428

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case concerns application of the TX Supreme Court's decision in Leordeanu v. American Protection Ins. Co., 330 S.W.3d 239 (Tex 2010) . The claimant in Tex. Prop. & Cas. Ins. Guar. Ass'n v. Brooks, 2011 Tex. App. LEXIS...

No Change in California Workers’ Comp Medical Mileage Rate For 2012 Travel

The mileage rate that workers’ comp claims administrators pay injured workers for travel related to medical treatment or evaluation of their injuries will remain at 55.5¢ per mile for travel on or after January 1, 2012, regardless of the date of injury. California Labor Code §4600 ...

Nebraska: Per Diem for Out-of-State Travel Not Part of Average Weekly Wage

The Nebraska Court of Appeals affirmed the exclusion from a construction worker’s average weekly wage of a per diem paid when the worker performed services outside of Nebraska, on the basis that the Compensation Court’s finding that it was fixed at the time of hiring and was a real and definite...

Ohio: MapQuest Data Helps Prove Extent of Worker’s Deviation From Employment

A jury’s consideration of MapQuest data that showed that a pharmacy and a restaurant were more than eight miles apart was not error in spite of the fact that the data was not fully authenticated, held an Ohio appellate court. The jury’s determination that the trip to the restaurant was a...

Colorado: Unpaid Volunteer’s Claim Not Barred by Going and Coming Rule

A Colorado court held that a claimant, who served as president of an organization of unpaid volunteers under the supervision of the Teller County Sheriff’s Department, was not only an “employee” under the special volunteer provision of Colo. Rev. Stat. § 8–40–202(1...

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California: Exceptions to the Going and Coming Rule

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an...

California Workers’ Comp Medical Mileage Rate to Decline for 2016 Travel

The Internal Revenue Service has announced that the standard mileage rate for business miles will decline 3.5 cents per mile to 54 cents per mile as of January 1, 2016. The California Workers’ Compensation Institute notes that this means the mileage rate that California workers’ compensation...

Texas Workers’ Compensation Update: 2015 and the Year Ahead

By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part of the Texas workers’ compensation...

Louisiana: Bonuses Paid at Start and Finish of Out-of-State Work Did Not Turn Travel Into Employment Activity

A Louisiana appellate court affirmed summary judgment in favor of a defendant employer whose employee rear-ended a van, killing the van’s driver and causing catastrophic injuries to the plaintiff who was a passenger in the van. At the time of the accident, the employee was driving from a job site...