CompFox AI Summary
This en banc decision clarifies that the 30-day deadline to appeal an Independent Medical Review (IMR) determination begins from the "mailing" date, which is legally equivalent to "service by mail." Consequently, the five-day extension provided by Code of Civil Procedure section 1013(a) for service by mail applies, making the effective deadline 35 days. The Appeals Board found the applicant's appeal timely filed on the 34th day and remanded the case for further proceedings on the merits. This ruling ensures uniformity in calculating appeal periods for IMR decisions.
Full Decision Text1 Pages
This en banc decision clarifies that the 30-day deadline to appeal an Independent Medical Review (IMR) determination begins from the "mailing" date, which is legally equivalent to "service by mail." Consequently, the five-day extension provided by Code of Civil Procedure section 1013(a) for service by mail applies, making the effective deadline 35 days. The Appeals Board found the applicant's appeal timely filed on the 34th day and remanded the case for further proceedings on the merits. This ruling ensures uniformity in calculating appeal periods for IMR decisions.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.