30
Mar

Attack on the Constitutionality of Independent Medical Review

A second California Court of Appeal district has now ruled that an independent medical review (IMR) is constitutional. That’s the decision made in the March 29, 2017 California Court of Appeal Third Appellate District case of Daniel Ramirez v. WCAB.

In a certified opinion, Justice Cole Blease, joined by Justices Duarte and Renner, finds that IMR does not violate state separation of powers or due process and does not violate federal procedural due process requirements.

The court rendered a similar result to the 2015 holding in the Court of Appeals First District case of Stevens v. WCAB, 241 Cal.App.4th 1074.