Home/Case Law/TOM MODGLIN vs. VENTANA FINE WINDOWS \& DOORS, UNITED STATES FIDELITY GUARANTY INSURANCE COMPANY
Regular DecisionReconsideration

TOM MODGLIN vs. VENTANA FINE WINDOWS \& DOORS, UNITED STATES FIDELITY GUARANTY INSURANCE COMPANY

Filed: Jul 20, 2018
Oxnard
ADJ7161749

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the time limit for an Independent Medical Review (IMR) determination is directory, not mandatory, and therefore the IMR decision was valid despite its late issuance. Consequently, the applicant is bound by the IMR decision regarding the medical necessity of the proposed treatment. The Board rescinded the prior decision and returned the case to the trial level.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the time limit for an Independent Medical Review (IMR) determination is directory, not mandatory, and therefore the IMR decision was valid despite its late issuance. Consequently, the applicant is bound by the IMR decision regarding the medical necessity of the proposed treatment. The Board rescinded the prior decision and returned the case to the trial level.

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