Employer must reimburse mileage from 2 residences to doctor's office

Where the claimant resides for months at a time with different family members and the E/C pays his mileage from one of the family members' homes to his doctor's office, it may be ordered to pay mileage from another member's home even though that member's home is further away.

Case name: Dittman v. Service America Systems, Inc., 15 FLWCLB 210 (Fla. JCC, Sarasota 2008).

Ruling: A Florida judge of compensation claims ordered the employer/carrier to reimburse the claimant the sum of $360.40 for medical mileage and awarded him attorney's fees and costs. The JCC also ruled that the claimant would have to notify the E/C before future medical appointments whenever he would be staying more than 100 miles from his doctor's office so the E/C could investigate transportation options.

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What it means: Where the claimant resides for months at a time with different family members and the E/C pays his mileage from one of the family members' homes to his doctor's office, it may be ordered to pay mileage from another member's home even though that member's home is further away.

Summary: An electronic service technician sustained a compensable injury to both knees from repetitive motion. He submitted mileage requests to his doctor's office from two residences. He was staying with his daughter and his sister when he requested the reimbursements. The E/C paid a portion of the reimbursement request but denied the remainder because the claimant did not provide a change of address. The JCC ordered the E/C to pay the disputed amount, concluding that it was "illogical" to pay the claimant's mileage from his daughter's house but not reimburse him when he went to doctor's appointments from his sister's home. However, the claimant had to notify the E/C of his future whereabouts so that the E/C could look into more economical ways of transporting him to his appointments.

February 10, 2009

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