3rd DCA Finds IMR Constitutional, Rejects Attempt to Bypass to WCAB

California's 3rd District Court of Appeal on Wednesday ruled that a dispute over alleged improprieties in the utilization review process must be submitted to independent medical review. "Whether the utilization review followed the medical treatment utilization schedule is directly related to a determination of medical necessity," the court said, and pursuant to the Labor Code, "a review of a determination of medical necessity is limited to the medical professionals performing the independent medical review." The court's decision for Ramirez v. WCAB (SCIF) also con...