In this guide8 sections
Labor Code §4062.2 sets the medical-legal evaluation process when you have a lawyer in your California workers’ comp case. After a timely objection or evaluation request, either side may ask the Division of Workers’ Compensation (DWC) for a panel of three Qualified Medical Evaluators (QMEs). Each side then gets 10 days to strike one name, and the doctor left becomes the QME. The two sides can also agree on an Agreed Medical Evaluator (AME) at any time instead.
Key takeaways
- Section 4062.2 applies to represented workers with injuries on or after January 1, 2005. Workers without a lawyer use Labor Code §4062.1.
- A panel can be requested no earlier than the first working day at least 10 days after the objection or evaluation request is mailed.
- Within 10 days after the panel is assigned, each side may strike one doctor. If one side doesn’t strike in time, the other side may choose any doctor left on the panel.
- The parties may agree on an AME at any time, which can replace the panel process for the issues they agree to send to the AME.
- A represented objection to the treating doctor’s report is generally due within 20 days of receiving it.
When §4062.2 applies
A comprehensive medical-legal evaluation is used to resolve three kinds of disputes:
- Whether the injury is work-related (Labor Code §4060)
- Permanent disability and future medical care (Labor Code §4061)
- Other objections to the treating doctor’s findings (Labor Code §4062)
When you are represented, §4062.2(a) says the evaluation must be obtained “only as provided in this section.” Disputes over whether a specific treatment is medically necessary are handled through utilization review and Independent Medical Review, not by a QME.
Step by step: the represented panel process
- Objection or request. One side mails a written objection to the treating doctor’s findings, or a request for a §4060 evaluation. Represented parties generally have 20 days from receiving the treating doctor’s report to object.
- Waiting period. The panel request may be made no earlier than the first working day at least 10 days after that mailing. This gives the parties a window to agree on an AME.
- Panel request. The requesting party files online with the DWC Medical Unit, uploads the objection and designates the specialty requested, the other side’s requested specialty if known, and the treating doctor’s specialty. It must serve a copy on the other side (§4062.2(b); 8 CCR §30).
- Strikes. The DWC assigns a panel of three QMEs. Within 10 days, each side may strike one name. The doctor who remains is the QME. If a side doesn’t strike in time, the other side may pick any doctor still on the panel.
- Scheduling. You, through your attorney, arrange the exam. If the insurer isn’t told about the appointment within 10 days after the QME is selected, it may arrange the appointment and notify you.
- The exam and report. You may not unreasonably refuse to take part. The QME report is generally due within 30 days after the exam (8 CCR §38).
AME or panel QME?
| Agreed Medical Evaluator (AME) | Panel QME | |
|---|---|---|
| How chosen | Both sides agree on the doctor | Random three-doctor panel, each side strikes one |
| Available to | Represented workers only | Represented and unrepresented workers |
| When | Any time, except for issues subject to IMR | After the waiting period following the objection or request |
Once an issue has been agreed to or sent to an AME, neither side can request a QME panel on that issue unless the AME agreement is canceled by mutual written consent. For more on choosing between them, see the difference between a QME and an AME.
A hypothetical example
Kevin, a represented delivery driver, injured his knee. His treating doctor declares him permanent and stationary with a low rating, and his attorney mails a written objection within 20 days. The insurer won’t agree on an AME. On the first working day at least 10 days after the objection was mailed, Kevin’s attorney requests an orthopedic panel. When the panel arrives, the attorney researches all three doctors and strikes one within 10 days. The insurer strikes another, and the third becomes the QME.
Mistakes that can cost you
- Missing the strike deadline. The other side can then pick any doctor left on the panel.
- Requesting the panel too early. The statute sets the earliest filing date, and a premature request can be disputed and delay your evaluation.
- Choosing the wrong specialty. The specialty should match the main disputed injury. Psychiatric, internal and orthopedic issues may need different evaluators.
- Not following up on the report. A report that misses body parts or misstates your history can often be addressed with a supplemental report or a deposition of the QME. See how to dispute a QME or AME report.
The employer is liable for the cost of reasonable and necessary comprehensive medical-legal evaluations under these sections (Labor Code §4064(a)). The DWC’s QME process Q&A explains the forms and filing steps.
Frequently asked questions
Do the parties have to try to agree on an AME first?
No. Under the current law, the parties may agree on an AME at any time, but they aren’t required to try before requesting a panel. They must wait out the short period after the objection is mailed.
How many names does each side strike?
One each. The remaining doctor serves as the QME.
What if my lawyer and the insurer can’t agree on the specialty?
The requesting party designates the specialty and must also list the other side’s requested specialty, if known, and the treating doctor’s specialty. Your lawyer should match the request to your main disputed injury.
If I fire my lawyer, do I get a new QME?
No. If you already had a comprehensive evaluation under §4062.2 and later stop being represented, you aren’t entitled to an additional evaluation.
Who pays for the QME?
The employer or its insurer pays for a reasonable and necessary evaluation obtained through this process.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers heading into QME and AME evaluations. We offer free virtual consultations to review your medical reports and your evaluation options. 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.
