On December 4, 2015, Applicant’s counsel in the case of Stevens v. WCAB (WCAB No. ADJ 1526353; Case No. A143043) filed a Petition for Review with the California Supreme Court, challenging the constitutionality of the Independent Medical Review (IMR) Process after the 1st DCA denied reconsideration in October. We previously reported when the 1st DCA granted applicant’s petition for review in December of last year.
The writ challenges IMR on the following grounds:
- That the Legislature exceeded is constitutional authority by providing for an IMR process that granted the Administrative Director sole authority over medical treatment disputes without judicial review;
- That IMR violates an injured workers’ right to an expeditious remedy without encumbrance;
- That IMR violates an injured workers’ right to due process enunciated in Article 1 of the California Constitution and the 5th and 14th Amendments of the U.S. Constitution; and
- That the IMR Process violates Article III, Section 3 of the California Constitution by not permitting a separation of powers in permitting an anonymous consultant to determine medical necessity rather than a constitutionally authorized judicial body.
We will keep you updated on whether the Supreme Court grants review.