Thursday, April 17, 2008

The Safeway Mileage Case decided today

Today the Colorado Court of Appeals decided a case in which Safeway appealed. They wanted to limit the mileage benefits owed to a claimant. It seems this claimant waited 3 years to submit to be reimbursed on her mileage to doctor appointments and the like. She submitted for over 5000 miles and Safeway disputed it. Safeway lost the appeal. Safeway said the claimant was limited to seeking reimbursement to 120 days of mileage not three years. If you looked at just 120 days the claimant would have received far less of a reimbursement. The Safeway theory was a technical one. They decided to assert the claimant was a "provider." All providers of services have to comply with the 120 day rule. So how could the claimant be a provider? They reasoned that since the claimant was driving herself to medical appointments she was providing the service to herself! The court disagreed with Safeway and ordered them to reimburse the claimant for the full 3 years. View the case here.

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