California Court of Appeal
State Compensation Insurance Fund v. WCAB, 269038
In an action seeking review of a decision of the Workers' Compensation Appeals Board regarding the medical necessity of proposed treatment requested by an employee of the California Highway Patrol (CHP), involving Labor Code Section 4610.6, which created a new procedure--independent medical review (IMR)--that an injured worker may use to challenge an employer's timely denial, delay or modification of a request for authorization of proposed medical treatment, the Board's decision is reversed where the 30-day time limit in section 4610.6(d), is directory and, accordingly, an untimely IMR determination is valid and binding upon the parties as the final determination of the director.
Appellate Information
- Published 2016/06/22
Judges
- LAVIN
Court
- California Court of Appeal