Has this been tried or have all WC legal professionals done nothing since 2013 when the UR/IMR system was enacted.
Nowhere in the US judicial system can a person lose rights or property on the basis of the testimony of an unknown witness except in California's WCAB IMR system. 4610.6.f has Maximus Federal keeping the identity of IMR doctors confidential. We have all seen IMR doctors return decisions contrary to the submitted facts. How does anyone know if IMR reviews are even being performed by licensed doctors? We all simply take Maximus Federal's word for it?
Why hasn't any legal professional questioned the constitutionality of this practice?
In Greene v. McElroy, 360 U.S. 474, 496 (1959), the Supreme Court stated “Certain principles have remained relatively immutable in our jurisprudence. One of these is that, where governmental action seriously injures an individual, and the reasonableness of the action depends on fact findings, the evidence used to prove the Government's case must be disclosed to the individual so that he has an opportunity to show that it is untrue. We have formalized these protections in the requirements of confrontation and cross-examination. They have ancient roots. They find expression in the Sixth Amendment, which provides that, in all criminal cases, the accused shall enjoy the right "to be confronted with the witnesses against him." This Court has been zealous to protect these rights from erosion. It has spoken out not only in criminal cases, but also in all types of cases where administrative and regulatory actions were under scrutiny."
Since I do not see any WC attorney stopping California or Maximus Federal, my intentions are to file a civil rights lawsuit against Maximus Federal. 42 USC 1983 states "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress". 1983 has been used to sue police officers and other government employees who have violated people's civil rights. Maximus Federal, under California's Labor code statutes, violates IW's civil right to due process. In this meaning, 1) Maximus Federal, a corporation, is a legal person, 2) as far as I can tell, they do not qualify for any type of immunity, and 3) the 5th, 6th, and 14th amendments guarantee individuals the right to due process which includes being about to know and address testimony against them, even in administrative actions.
Instead of tell me I can't do this, any suggestions on the best way to proceed, or has this been tried? I am not interested in fighting to change the WC code. My approach is to simply seek excessive monetary damages. If enough monetary damages are awarded, eventually the system will change on its own.