Tag: IMR

Lack of Obligation of Applicant to Submit Medical Records to an IMR Organization

Diane Garibay-Jimenez (BPD) (ADJ 65552734):

 

The applicant’s attorney filed an appeal of an IMR decision denying his client surgery on the grounds the IMR reviewer did not see the AME reports. The WCAB granted reconsideration and remanded the matter for a new IMR determination because the defendants failed in their duty to provide all …

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Applicant Challenging IMR Determination

In this case the applicant challenged the IMR determination based on arguments that the IMR determination was the result of plainly erroneous express findings of fact, biased and unconstitutional

The board held the applicant failed to meet his burden of proof. In dealing with the issue of applicant’s challenge based on a plainly erroneous …

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