1st District Upholds IMR as Constitutional (Stevens v. WCAB)
In a resounding win for the defense bar, the 1st district reiterated the California Legislatures primacy in its authority to shape Workers’ Compensation law. The 1st district rejected challenges to the IMR procedures as unconstitutional or in violation of due process have been rejected. In its opinion in Stevens v. WCAB, the court found that the applicant was not powerless to effect the review process and that the system set up by SB 863 was adequate to address the medical needs of the applicant.
The court did indicate that the WCAB does have the power to review whether or not the MTUS was applied properly that they had the power to return the matter to IMR for a review of the application of MTUS to the denied medical treatment. It is unclear how this may change the position of the WCAB as it relates to IMR decisions.
Please read the full decision Stevens v. WCAB.
Further reading here.