1st DCA Orders Supplemental Briefs on Constitutional Challenge to IMR

The 1st District Court of Appeal is demanding supplemental briefing in a pending dispute over the constitutionality of the independent medical-review process mandated by Senate Bill 863. On Monday, the court issued an order for the parties and their amici to address whether the California Constitution's grant of plenary power to the Legislature to create a comp system is limited by the separation of powers clause. The court is also asking whether this constitutional grant of plenary power to the Legislature should factor into the analysis of whether IMR violates due process. Frances Ste...