Petition Challenges Constitutionality of IMR

An injured worker adjudged 100% permanently and totally disabled filed a petition with the California 1st District Court of Appeal seeking a declaration that the independent medical review process that denied her home health services violates the state constitution.Such a challenge was clearly envisioned by the drafters of Senate Bill 863, who on Aug. 6, 2012, received a memo from a law firm saying the lack of “meaningful review” of IMR decisions may create due process concerns. An internal memo created by the Department of Industrial Relations on Aug. 15 also warned that the proce...