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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 3.6. Independent Medical Review

New Query

§9768.2 Conflicts of Interest

(a) The IMR shall not have any material, professional, familial, or financial affiliation with any of the following:

(1) The injured employee's employer or employer's workers' compensation insurer;

(2) Any officer, director, management employee, or attorney of the injured employee's medical provider network, employer or employer's workers' compensation insurer;

(3) Any treating health care provider proposing the service or treatment;

(4) The institution at which the service or treatment would be provided, if known;

(5) The development or manufacture of the principal drug, device, procedure, or other therapy proposed for the injured employee whose treatment is under review; or

(6) The injured employee, the injured employee's immediate family, or the injured employee's attorney.

(b) The IMR shall not have a contractual agreement to provide physician services for the injured employee's MPN if the IMR is within a 35 mile radius of the treating physician.

(c) The IMR shall not have previously treated or examined the injured employee.


Authority cited: Sections 133 and 4616, Labor Code. Reference: Section 4616.4, Labor Code.


1. New section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-31-2004 order transmitted to OAL 4-29-2005 and filed 6-10-2005 (Register 2005, No. 23).

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