Home/Case Law/KELLY LUHMANN vs. TORRANCE UNIFIED SCHOOL DISTRICT
Regular DecisionReconsideration

KELLY LUHMANN vs. TORRANCE UNIFIED SCHOOL DISTRICT

Filed: Jul 18, 2018
Long Beach
ADJ8588048

CompFox AI Summary

This case concerns a worker's compensation applicant who sought reconsideration of a decision upholding the denial of an MRI for a knee injury. While the administrative law judge initially found the Independent Medical Review (IMR) determination untimely, the Workers' Compensation Appeals Board (WCAB) clarified that the IMR was issued within the statutory timeframe after receiving supporting documentation. Crucially, the WCAB noted that even if the IMR were late, timeliness is not grounds for appeal, and a delay does not invalidate the IMR decision based on established case law. Therefore, the applicant is bound by the IMR's decision denying the MRI, and the petition for reconsideration was denied.

Full Decision Text1 Pages

This case concerns a worker's compensation applicant who sought reconsideration of a decision upholding the denial of an MRI for a knee injury. While the administrative law judge initially found the Independent Medical Review (IMR) determination untimely, the Workers' Compensation Appeals Board (WCAB) clarified that the IMR was issued within the statutory timeframe after receiving supporting documentation. Crucially, the WCAB noted that even if the IMR were late, timeliness is not grounds for appeal, and a delay does not invalidate the IMR decision based on established case law. Therefore, the applicant is bound by the IMR's decision denying the MRI, and the petition for reconsideration was denied.

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