What the panel ordered
Petition for reconsideration granted; Findings of Fact and Order of May 28, 2021 rescinded; IMR determination found plainly erroneous and in excess of AD's powers; dispute remanded to AD for new IMR by different organization or reviewer.
Applicant seeks reconsideration of the Findings of Fact and Order issued by the WCJ on May 28, 2021, which upheld the November 16, 2020 IMR determination denying home care treatment.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The IMR determination was set aside because the Administrative Director failed to provide all relevant medical records to the IMR reviewer, resulting in a plainly erroneous finding of fact and excess of powers under Labor Code section 4610.6(h).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Sally Glade's in-home assessment and Dr. Rashti's September 9, 2020 RFA were not provided to the IMR reviewer.
Favours Applicant prevailed