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An employee is entitled to the reasonable expenses of transportation, meals, and lodging that are incidental to any medical examination requested by the employer, the employer's insurer, the Administrative Director, the Appeals Board, or a workers' compensation judge. "Reasonable expenses of transportation" includes mileage fees from the employee's home to the place of the examination and back at the rate of 21 cents per mile or the mileage rate adopted by the Director of the Department of Personnel Administration, whichever is higher, (2011 $.51) plus any bridge tolls. After January 1st 2013 the rate is .53 cents per mile.

The mileage and tolls must be paid to the employee at the time he or she is given notice of the time and place of the examination. In addition, the employee is entitled to receive one day of temporary disability indemnity for each day of wages lost in submitting to the examination. However, the California Supreme Court has held that an injured employee is not entitled to payment of temporary disability indemnity to reimburse him or her for wages lost while pursuing medical treatment for an industrial injury, once that injury has become permanent and stationary.

Call the Law Offices of Rene H. Pimentel at (951)788-2250 for a FREE consultation

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