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Case Name Zuniga v. WCAB (Interactive Trucking)
Date 01/23/2018
Note California’s 1st District Court of Appeal on Friday ruled that injured workers do not have a due process right to know the identifies of the medical professionals performing their independent medical reviews.
Citation A143290
WCC Citation WCAB No. ADJ2563341)
 Filed 1/12/18 Zuniga v. WCAB CA1/2 (unmodified opinion)   .  Petitioner Saul Zuniga availed himself of the IMR process and then petitioned the Workers’ Compensation Appeals Board (Board) to disclose the names of the reviewers. Zuniga points to no authority to suggest that a statute is rendered meaningless simply because his preferred method of enforcing it is unavailable. Under section 4610. 6, subdivision (h), IMR determinations are subject to review, and Zuniga sought, and received, review of the IMR determination in his case.   In claiming that IMR reports are testimonial in character, Zuniga relies on Massachusetts Bonding & Ins.

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