A. Employer shall pay worker’s mileage, transportation, meal and commercial lodging expenses for travel to HCPs pursuant to this rule. Payment shall be made only to the injured worker and within 30 days of the employer’s receipt of an original itemized receipt that complies with the requirements of this rule:

1. (1) for travel to HCPs of 15 miles or more, one way, from the worker’s residence or place of employment, depending upon the point of origin of travel, mileage shall be reimbursed at the mileage reimbursement rate set by the New Mexico Department of Finance and Administration regulations in effect on the date of travel;
2. (2) actual reimbursement for the cost of a ticket on a common carrier, if applicable;
3. (3) actual reimbursement up to $25 for any one meal with up to three meals total and $75 total reimbursed for a 24 hour period; and,
4. (4) actual reimbursement up $150 for the cost of overnight commercial lodging in the event of required travel of at least 150 miles one way from worker’s residence or place of employment, depending upon the point of origin of travel.

B. Unless a judge otherwise orders, the employer in its sole discretion may make payments under this section in advance. If worker accepts an advance payment and fails to appear for the scheduled HCP or IME appointment for which an advance has been issued, the employer/insurer may deduct the amount of the advance from the present indemnity benefits.

[5/26/87...6/1/96; 11.4.3.11 NMAC - A/E, 11/15/04; 11.4.3.11 NMAC - Rn, 11 NMAC 4.3.11, 11/30/04; A/E, 2/19/10; A, 12/31/12; A, 6/30/16; A, 1/1/2025]