3rd DCA to Weigh In on Validity of Untimely IMR Decisions

California's 3rd District Court of Appeal has agreed to weigh in on the question of whether the failure of Maximus Federal Services to return an independent medical review determination within the statutory deadline opens that determination up to review by the Workers' Compensation Appeals Board. Labor Code Section 4610.6(d) provides that Maximus, the state's exclusive IMR contractor, "shall" get decisions out within 30 days of the receipt of the request for review and supporting documentation. The issue for the court to decide in Hallmark Marketing v. WCAB (So...