What the panel ordered
Petition for Reconsideration is denied; IMR determination is sustained.
Petition for Reconsideration of an IMR determination following expedited trial and denial of medical treatment request.
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 based on the most recent medical reporting submitted for review, and the post-IMR report of Dr. Miller was not admissible as it was obtained after the IMR review and not included in the IMR request. No clear and convincing evidence was presented to set aside the IMR determination.
From the decision · page 42. Applicant's exhibit 2 (Dr. Miller February 9, 2023) is deemed admitted. Applicant's exhibit 1(Dr. Miller March 22, 2023) is post review and is not admitted.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The March 22, 2023 report of Dr. Miller was not admitted because it was obtained after the IMR review and not included in the IMR request.