On October 28, 2015, the California Court of Appeal, First District, ruled in Francis Stevens v. WCAB (Outspoken Enterprises), 241 Cal. App. 4th 1074 (1st Dist. 2015) that California’s Independent Medical Review (IMR) procedure is constitutional.
A challenge we have been facing since SB899 was enacted is whether the future earning capacity factor in the Permanent Disability Schedule is rebuttable.