CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reversed a finding that an Independent Medical Review (IMR) determination was moot due to untimeliness. The Board held that while the Utilization Review (UR) decision expired, the subsequent IMR determination, even if issued outside statutory timeframes, remained valid. The WCAB emphasized that untimeliness is not a statutory ground to appeal an IMR decision and that IMR timeframes are directory, not mandatory. Consequently, the case was returned to the trial level, with the existing IMR decision binding unless grounds for appeal under Labor Code section 4610.6(h) are established.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reversed a finding that an Independent Medical Review (IMR) determination was moot due to untimeliness. The Board held that while the Utilization Review (UR) decision expired, the subsequent IMR determination, even if issued outside statutory timeframes, remained valid. The WCAB emphasized that untimeliness is not a statutory ground to appeal an IMR decision and that IMR timeframes are directory, not mandatory. Consequently, the case was returned to the trial level, with the existing IMR decision binding unless grounds for appeal under Labor Code section 4610.6(h) are established.
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