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Failure to Pay Mileage Reimbursement Timely not a Violation of W.C.R.P. 16-11(A)

The Industrial Claim Appeals Office reversed an Order of an Administrative Law Judge awarding penalties for a violation of W.C.R.P. 16-11(A), based on the insurer’s failure to reimburse a claimant timely for mileage expenses. The Industrial Claim Appeals Office reasoned that although W.C.R.P. 16-11(A) provides that an uncontested bill submitted by a “provider” is due and payable within 30 days, a claimant is not a “provider” for purposes of submitting mileage reimbursement requests and are not subject to the presumptive deadline for submission of “bills for services” set forth in Rule 16-11(A). Therefore, the Industrial Claim Appeals Office held that the insurer could not be held liable for failure to pay mileage reimbursement within thirty days. Richardson v. Pizza Hut, Inc. W. C. No. 4-560-586-05 (February 7, 2014).

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