08 Mar 2019
Delaware: Toll Charges and Parking Fees Not Part of Claimant’s Medical Expenses
An injured worker is not entitled to reimbursement for travel-associated toll charges and parking fees in connection with his or her employer-provided medical care, held a Delaware appellate court. The worker had been reimbursed some $761.20 for mileage over a ten-month period under Del. Code Ann. tit. 19, § 2322, but sought an additional $114.75 for tolls and parking expenses. The Court reasoned that the wording of the statute was clear and unambiguous: reimbursement was limited to 40 cents per mile.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Failing v. State, 2019 Del. Super. LEXIS 109 (Feb. 25, 2019)
See generally Larson’s Workers’ Compensation Law, § 94.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see