WC: request independent medical review (IMR), non-formulary treatment disputes (30 days after service of UR decision)

30 days after date of service of the written utilization review decision on the employee, under Cal. Lab. Code 4610.5(h)(1)(B); 8 CCR 9792.10.1(a)(1).

Rule text

(h) (1) The employee may submit a request for independent medical review to the division. The request may be made electronically under rules adopted by the administrative director. The request shall be made no later than as follows:(A) For formulary disputes, 10 days after the service of the utilization review decision to the employee.(B) For all other medical treatment disputes, 30 days after the service of the utilization review decision to the employee.

Cal. Lab. Code 4610.5(h)(1)(B); 8 CCR 9792.10.1(a)(1), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date of service of the written utilization review decision on the employee): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
Cal. Lab. Code 4610.5(h)(1)(B); 8 CCR 9792.10.1(a)(1)
(h) (1) The employee may submit a request for independent medical review to the division. The request may be made electronically under rules adopted by the administrative director. The request shall be made no later than as follows:(A) For formulary disputes, 10 days after the service of the utilization review decision to the employee.(B) For all other medical treatment disputes, 30 days after the service of the utilization review decision to the employee.
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Filed with the DWC Administrative Director (not the WCAB). 8 CCR 10605 is a WCAB rule and is NOT applied; the DWC IMR regulation (8 CCR 9792.10.1, dir.ca.gov, fetched 2026-10-27) states no mail extension (AMBIGUITY: file within 30 days of service without adding mail days). The period does not begin to run if the UR decision lacks the required elements, or while the employer disputes liability on other grounds (4610.5(h)(2), (3); 9792.10.1(e)). Use DWC Form IMR.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of service of the written utilization review decision on the employee on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date of service of the written utilization review decision on the employee): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Filed with the DWC Administrative Director (not the WCAB). 8 CCR 10605 is a WCAB rule and is NOT applied; the DWC IMR regulation (8 CCR 9792.10.1, dir.ca.gov, fetched 2026-10-27) states no mail extension (AMBIGUITY: file within 30 days of service without adding mail days). The period does not begin to run if the UR decision lacks the required elements, or while the employer disputes liability on other grounds (4610.5(h)(2), (3); 9792.10.1(e)). Use DWC Form IMR.

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.