Legal Question in Workers Comp in California

Attorneys get zero payment for obtaining mileage payments.

So they handle they requests that ultimately get them fees and put off the mileage until they have extra time (and they never have extra time).

The Mileage Forms are right on the state's Workers Comp site... there are different ones for different years.

Penalties are due IF all the exact forms are clearly completed, they contain only mileage for treatment (people put in drives to their court dates and drives to depositions and drives to complain at their attorney's office, and none of those are medical mileage).

If the forms are completed perfectly and served with a proof of service on the adjuster and defense attorney and THEN the adjuster refuses payment, THEN PENALTIES can be requested in a Penalty Petition.

If the mileage in the forms is for treatment 'non-certified' by UR, the adjuster won't pay for that, there would have to be a trial.

All of this, your legislature expected Applicant's Attorneys do perform for free. (It's hard to work for free.)

This could be why you are having great difficulty in finding counsel to do this.

GO TO THESE FORMS: http://www.dir.ca.gov/dwc/forms.html

use the Mileage Forms for each year... here's this year's: http://www.dir.ca.gov/dwc/I&A_mileageForm.pdf

And here's LAST years (and for trips the last half of 2011) http://www.dir.ca.gov/dwc/I&A_mileageFormJuly2011.pdf

Mail completed forms showing ONLY MEDICAL trips (pharmacies, docs offices, therapy trips) to the adjuster along with a Declaration of Proof of Service stating you mailed it on a particular date at a particular mail pick-up spot :

http://www.dir.ca.gov/csmcs/ProofOfService-ByMail.pdf

You can attempt a bar complaint but if you need this attorney to work for you later, you'll get nothing.