In this guide9 sections
In a California workers’ comp case, you don’t get to pick any doctor you like as your Qualified Medical Evaluator (QME). The state issues a random panel of three QMEs in one specialty. Your real choices are which specialty to request, which doctor to pick or strike from the panel, and how well you prepare for the exam. Those choices matter, because the QME’s report often decides whether your injury is accepted and how much your permanent disability is worth.
Key takeaways
- A QME is a doctor certified by the Division of Workers’ Compensation (DWC) to resolve medical disputes, such as whether an injury is work-related or how much permanent disability you have.
- The party requesting the panel designates the specialty, so choose the one that fits your main injury.
- Without an attorney, you have 10 days after the panel is issued to pick a doctor, make the appointment and tell the insurer, or the insurer may choose (Labor Code §4062.1).
- With an attorney, each side may strike one name within 10 days, and the parties can agree on an Agreed Medical Evaluator (AME) instead (Labor Code §4062.2).
- Replacement panels are available in specific situations, such as when the doctor can’t see you within 90 days or is your own treating doctor.
What a QME does and when you need one
Your treating doctor manages your care. A QME is different: the QME evaluates disputed medical issues and writes a medical-legal report. A QME is used when the insurer disputes whether your injury is compensable (Labor Code §4060), when you or the insurer disagree with the treating doctor’s findings on permanent disability or future medical care (Labor Code §4061), or on other medical issues (Labor Code §4062). To dispute a treating doctor’s report, you generally must object within 30 days of receiving it if you don’t have a lawyer, or 20 days if you do.
The QME’s report can decide whether your injury is accepted, whether you need more treatment, when you reached maximum improvement, what work restrictions apply, how much of your disability is apportioned to other causes, and your permanent disability rating. See the difference between a QME and an AME for how the two types of evaluators compare.
How the panel process works
| Step | No attorney | With an attorney |
|---|---|---|
| Who requests the panel | Either side; the insurer can request only if you don’t submit the form within 10 days after it was given to you | Either side, no earlier than the first working day at least 10 days after a written objection or evaluation request |
| Specialty | Chosen by the party submitting the request | Named by the requesting party, which also lists the other side’s and the treating doctor’s specialties |
| Choosing the doctor | You pick one of the three, schedule and notify the insurer within 10 days, or the insurer may pick | Each side may strike one name within 10 days; the remaining doctor is the QME |
| Scheduling | You schedule; if you don’t, the insurer arranges it | You arrange the exam; if you don’t notify the insurer within 10 days of selection, it may |
| Agreed Medical Evaluator | Not allowed; the insurer can’t ask you to agree to one | Can be agreed at any time |
Sources: Labor Code §§4062.1 and 4062.2. Our articles on the unrepresented panel process and the represented panel process walk through each statute.
Choosing the right specialty
Pick the specialty that matches the injury most in dispute, not your job title. Common choices include orthopedic surgery for back, neck, shoulder and knee injuries; neurology for brain injuries, nerve damage and headaches; psychiatry or psychology for psychological injuries; internal medicine for heart, lung, digestive and other internal conditions; and pain medicine for chronic pain. Look at what your treating doctor’s reports focus on and what the insurer is disputing.
Here is a hypothetical. Gloria, a warehouse picker, has a lumbar disc injury and has also developed anxiety. The insurer disputes the need for back surgery and her permanent disability. Orthopedics fits the main dispute. If a second specialty is needed later, the evaluator can request an additional panel for issues outside their specialty, or the parties can agree to one.
If the other side picked a specialty that doesn’t fit the disputed issues, a party can ask the DWC Medical Director for a replacement panel in a different specialty, supported by recent treating reports. DWC explains this process in its QME process Q&A.
Choosing among the three doctors
If you don’t have a lawyer, you pick one name from the panel. Factors worth weighing:
- Specialty fit. Check whether each doctor’s practice actually focuses on your type of injury.
- Location and travel. The first exam must be at an office listed for that doctor on the panel unless the parties agree in writing. The insurer must pay your estimated travel expense once it receives notice of the appointment (Labor Code §4062.1(c)).
- Availability. Call each office. If a QME can’t schedule an exam within 90 days of your request (120 days if that limit was waived), a replacement can be requested.
- Language. If you need a certified interpreter, say so; the appointment notice must state whether one is required (Cal. Code of Regs., tit. 8, §34).
- Prior treatment. If a panel QME is or was your treating doctor for the disputed injury, a replacement panel can be requested.
With a lawyer, each side strikes one name, so you won’t control the final pick, but your attorney will consider the doctors’ specialty, availability and history before striking. In many represented cases, the parties instead agree on an AME, which avoids the panel process.
One important warning: if you go through a panel QME evaluation without an attorney and hire one later, you generally aren’t entitled to a new evaluation (Labor Code §4062.1(e)). If you’re considering a lawyer, talk to one before the panel is requested.
Other grounds for a replacement panel
The QME regulations also allow a replacement panel when you move after the panel issues and before the first exam; two panel doctors are in the same group practice; a QME is unavailable or has a disqualifying conflict of interest; the parties agree in writing to a panel near your workplace; you have a documented medical or psychological impairment that is good cause; or the evaluator’s report was late and a party objected before it was served. When a replacement is validly granted, your deadline to select or strike is paused until the new panel issues.
Preparing for the QME exam
- Confirm the appointment in writing. The QME can’t cancel less than six business days before the exam without good cause, and any cancellation by you or the insurer must be in writing and served on the other side (tit. 8, §34). See what happens if you miss a workers’ comp appointment.
- Make sure records are sent. The QME should have your treating reports, imaging and test results.
- Prepare your history. Write down how the injury happened, prior injuries, every body part affected, your symptoms on good and bad days, and what you can no longer do at work and at home.
- Be accurate. Don’t exaggerate or downplay. Inconsistencies hurt credibility more than anything else.
- Note what happens. Afterward, write down how long the doctor spent with you and what was examined.
A QME report is generally due within 30 days after the exam, with limited extensions. If the report is wrong, incomplete or ignores your records, it can be challenged. See how to dispute a QME or AME report.
Frequently asked questions
Can I choose any QME I want?
No. The DWC issues a random panel of three in a specialty. If you don’t have a lawyer, you pick one of those three. With a lawyer, each side strikes one, or the parties agree on an AME.
What if I miss the 10-day deadline to pick a QME?
If you don’t have a lawyer and don’t notify the insurer of your choice within 10 days, the insurer may select the doctor from the panel. Act quickly once the panel arrives.
Can I change QMEs after the exam?
Generally no. A new panel is available only on specific grounds. Disagreements with the report are handled through objections, supplemental reports and, in some cases, cross-examination of the doctor.
Can I walk out of a QME exam?
An unrepresented worker can decline to continue for good cause, such as evidence of bias based on race, sex, national origin, religion or sexual preference, or a request for an unnecessary exam or procedure, and gets a new panel. If the appeals board later finds no good cause, the cost of the evaluation can be deducted from your award.
Where can I get free help?
The DWC’s Information and Assistance Unit answers questions for injured workers at no charge.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively in workers’ compensation and employment cases across California. We offer free virtual consultations, ideally before a QME panel is requested. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
