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Florida Workers’ Compensation Mileage Reimbursement Rate

by | Dec 3, 2015 | Firm News, Workers' Compensation

Injured workers in Florida who receive authorized medical services through their Workers Compensation carrier are entitled to be compensated for mileage incurred going to and from hospital, therapy center, authorized medical appointments and to pharmacies. A common question we receive is: what is the Florida Workers’ Compensation Mileage Reimbursement Rate ? The answer is there is no reimbursement amount set in stone, but the typical Florida Workers’ Compensation Mileage Reimbursement Rate utilized by most carriers is .445 cents per mile. Prior to 2006, the typical rate utilized was 29 cents per mile. Effective July 2006, the rate utilized by most workers’ compensation insurers changed to .445 cents per mile, which was driven by the amendment of Florida Statute 112.061(7)(d) and the informational bulletin below. The informational bulletin addressing this matter can be found here, but the relevant text is below:

“Pursuant to Bulletin #163A issued by the Florida Department of Labor and Employment Security, Division of Workers’ Compensation on September 1, 1994, medical mileage reimbursement for workers’ compensation claimants was tied to the state travel provisions of section 112.061(7)(d), Florida Statutes.

Florida Workers' Compensation Mileage Reimbursement

In 1964, the Florida Supreme Court held in Mobley v. Jack & Son Plumbing, 170 So.2d 41 (Fla. 1964) that section 440.13, Florida Statutes, which requires the employer to furnish the claimant with “remedial treatment, care, and attendance” for as long as the injury requires, included costs of transportation for medical treatment. In 1977, through Chapter 77-290, Laws of Florida, the legislature added a provision to section 440.13, Florida Statutes, expressly authorizing medical
mileage. In 1993 the legislature through Chapter 93-415, Laws of Florida, deleted that provision. In 1996, the Florida First District Court of Appeal in Sam’s Club v. Bair, 678 So.2d 902 (Fla. 1st DCA 1996) concluded that the omission did not abrogate the judicial construction in Mobley and its progeny that section 440.13(2)(a), Florida Statutes, implicitly authorizes such costs. Effective July 1, 2006, section 112.061(7)(d), Florida Statutes, was amended to increase the
reimbursement rate for state travel to forty-four and one-half cents per mile. For employer/carriers that utilize the statutory reimbursement provisions of section 112.061(7)(d), Florida Statutes, as a basis for the amount of medical mileage reimbursement, you are hereby notified of the amended statutory reimbursement amount of forty-four and one-half cents per mile.”

There have been cases where a claimant has alleged he/she is entitled to reimbursement at the prevailing IRS rate, and a Judge of Compensation Claims has accepted that claim and ordered a higher reimbursement rate. However, there has been no appellate direction from the District Court of Appeal in this regard.

Florida Workers' Compensation Lawyers

If you have questions regarding workers’ compensation, please do not hesitate to reach out to one our workers’ compensation attorneys in Tampa, Florida. Our firm represents injured workers in Hillsborough and surrounding counties in West Central Florida. The firm has been fighting for the rights of injured workers since 1989; put our experience to work for you by calling for a free consultation at 813-931-1145.