Young: Appealing IMR

Under what circumstances can a Maximus Independent Medical Review Determination be appealed? Under Labor Code 4610.6(h), the grounds for appealing an IMR determination are very limited. Challenges to the constitutionality of the IMR statute are currently pending, but the odds seem long that California courts will reject the IMR statute altogether. So court decisions clarifying the basis for a valid appeal under Labor Code 4610.6(h) become important. Some of the grounds for an appeal are basically non-starters. Proving fraud, material conflict of interest or identity-group bias is ...