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3rd DCA Joins 2nd DCA in Treating Untimely IMR Decisions as Valid

By WorkCompCentral

Monday, July 10, 2017 | 1335 | 0 | 0 min read

A second California appellate court has ruled that an independent medical review determination that is not issued within the 30-day window allotted by the Labor Code is still valid and binding. 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, as well as all the supporting documentation. Last June, the 2nd District Court of Appeal issued a decision in California Highway Patrol v. WCAB (Margaris), which found this time limit was "merely direc...

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Comments

Cliff Bernstein Jul 10, 2017 11:29 AM

That seems fine, but the courtesy has to go BOTH ways! Doctors responses should not be excluded after the 10 day response period. Can someone please explain the logic, started by SCIF, that a certification is only good for 1 month, BUT a denial stands for a whole year! Besides being completely biased and unfair, this is a huge waste of money, paying for serial UR's by different MD's and opinions

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Marisela G. Skidmore Jul 10, 2017 12:22 PM

Exactly. Where is the equal protection under the law? J. Barry Skidmore

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