Past blogs have addressed the problems in workers’ compensation injured workers are having receiving medical treatment for their industrial injuries. Independent Medical Review (IMR) is denying treatment in 85% of cases without a medical exam or right to court review. The constitutional bargain that injured workers get medical treatment for industrial injuries with the right to judicial review looks broken.
However, in Stevens v WCAB, the Court of Appeal has granted an injured workers’ appeal of a denial of medications and home care. Ms. Stevens (a real injured worker with real and serious injuries!) contends that the IMR provisions have unconstitutionally abridged her right to appeal the denial of medical care through IMR, conducted by an anonymous, non-examining reviewer employed by a non-judicial and non-treating entity called Maximus (sounds like something out of Imperial Rome!). Ms. Stevens argues that her inability to cross-examine the reviewer, whose identity cannot be ascertained, and to have a judge review the merits of her need for medical treatment, is contrary to the California Constitution, and is a denial of due process of law.
Will the court say the obvious, that the emperor has no clothes, and declare IMR unconstitutional, and re-affirm the constitutional right to medical treatment and a hearing before a court to resolve disputes? Or will the court bow to Imperial Rome and say that constitutional rights can be taken away when politics dictate?
Stay tuned, injured workers!
