Home/Case Law/MARTIN GUERRERO vs. McKESSON CORPORATION, OLD REPUBLIC INSURANCE
Regular DecisionReconsideration

MARTIN GUERRERO vs. McKESSON CORPORATION, OLD REPUBLIC INSURANCE

Filed: Nov 13, 2015
Sacramento
ADJ6765018

CompFox AI Summary

The Appeals Board reversed the WCJ's decision, holding that the statutory timeframes for Independent Medical Review (IMR) determinations are directory, not mandatory. Therefore, IMR decisions issued late are still valid and binding on the applicant. The Board concluded that the Legislature's intent was for IMR to be the sole avenue for resolving medical treatment disputes post-utilization review, ensuring consistent application of evidence-based standards. The case was returned to the trial level for further proceedings consistent with this decision.

Full Decision Text1 Pages

The Appeals Board reversed the WCJ's decision, holding that the statutory timeframes for Independent Medical Review (IMR) determinations are directory, not mandatory. Therefore, IMR decisions issued late are still valid and binding on the applicant. The Board concluded that the Legislature's intent was for IMR to be the sole avenue for resolving medical treatment disputes post-utilization review, ensuring consistent application of evidence-based standards. The case was returned to the trial level for further proceedings consistent with this decision.

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