Supreme Court Won't Review 2nd DCA Decision on IMR Deadlines

The California Supreme Court will not be reviewing a decision from the 2nd District Court of Appeal, which found the statutory deadlines for the state's independent medical review provider to be discretionary. Labor Code Section 4610.6(d) expressly provides that an IMR decision "shall" be issued within 30 days of the date that the IMR reviewer gets a request for review and all the supporting documentation. The members of the Workers' Compensation Appeals Board had been split 3-3, prior to the retirement of Chairwoman Ronnie Caplane, as to whether this meant a decision from ...