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Thread Title: Transportation liens
Created On Friday February 20, 2009 8:22 AM


laesquire
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Friday February 20, 2009 8:22 AM

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SCENARIO:

1. Date of injury is in 2000. Accepted injury.
2. Applicant has a basic orthopedic injury.
3. A transportation company drives applicant to and from medical appointments . Mostly the chiropractor and accupuncturist.
4. The lien/ bill is $ 5,000. It includes various charges like waiting time, administrative fees, mileage at $3.5 per miles etc.
5. The transportation company is now out of business. They were an LLC before. Now another group is trying to collect for the transportation company.


QUESTION:

1. Are there any cases or labor codes that allow the transportation company to collect beyond teh statutory mileage rate on this type of lien?



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 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

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jonbrissman@verizon.net
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Friday February 20, 2009 10:51 PM

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Check out Avalon Bay Foods v. WCAB (Moore), 63 CCC 902, a 1998 California Supreme Court case that involved penalty calculations on transportation expenses. It is not exactly on point with your questions but it has some information you will find helpful.

Why not pay mileage at the DWC-approved rate per mile and tell the successor-in-interest to the transportation company to file a DOR if it wants more? My guess is that the purchaser or assignee of the accounts-receivable of the defunct company is not going to be able to produce the driver to testify or otherwise authenticate any documentation supporting the lien. On what testimony or evidence could they prevail at a lien trial?

If I could choose for which side I could litigate this matter, I'd pick defense.

JCB

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laesquire
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Saturday February 21, 2009 4:16 PM

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Thank you Jon.

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