Summary of Labor Code §4062.1 (Excerpt)
“If an employee is not represented by an attorney and there is a dispute pursuant to Section 4060, 4061, or 4062, the employee shall be provided with a panel of qualified medical evaluators…”
(Cal. Labor Code §4062.1, summarized for clarity)
Full Text of Labor Code §4062.1
California Labor Code §4062.1 (as of 2025):
(a) This section shall apply to all injuries occurring on or after January 1, 2005, and to any dispute described in Section 4060, 4061, or 4062 that arises on or after January 1, 2005.
(b) If an employee is not represented by an attorney and the employee or employer objects to a medical determination made pursuant to Section 4060, 4061, or 4062, the objection shall be communicated in writing to the other party. The parties shall seek agreement with regard to the physician who shall prepare a comprehensive medical evaluation. If no agreement is reached within 10 days of the objection, either party may request the assignment of a three-member panel of qualified medical evaluators to conduct the evaluation.
(c) The request for a panel shall be made to the administrative director on a form prescribed by the administrative director. The request shall specify the specialty of the physicians requested to be on the panel. If the specialty designated is disputed by the parties, the administrative director shall determine the appropriate specialty.
(d) Within 10 days of the issuance of the panel by the administrative director, the employee shall select a physician from the panel, arrange an appointment, and notify the employer of the selection and appointment. If the employee fails to inform the employer of the selection within 10 days, the employer may select the physician to examine the employee from the remaining names on the panel.
(e) Upon completion of the evaluation, the evaluation shall be provided to the employee and to the employer.
(f) The represented employee shall be entitled to the procedures provided in Section 4062.2.
What Is Labor Code §4062.1?
Labor Code §4062.1 outlines the procedure for obtaining a Qualified Medical Evaluator (QME) when there’s a medical dispute in a workers’ compensation claim—and the injured worker does not have an attorney.
Injured workers without legal representation must navigate this process carefully, as medical determinations directly affect everything from treatment approvals to disability ratings and settlement value.
When Does §4062.1 Apply?
This code section kicks in when there’s a disagreement about:
- Whether an injury is work-related (Labor Code §4060)
- The extent of permanent disability (Labor Code §4061)
- Other medical issues like treatment or MMI status (Labor Code §4062)
If you’re not represented by a lawyer, you’ll need to follow this procedure to select a QME to evaluate your case.
How the Unrepresented QME Panel Process Works
- Request a Panel QME from the DWC
You or the insurance company can request a panel of three doctors using Form 105 (Request for QME Panel – Unrepresented Worker). - DWC Issues a Panel
The Division of Workers’ Compensation (DWC) sends you a list of three QMEs in the appropriate specialty. - You Choose the Doctor
As the injured worker, you have 10 working days to choose a doctor from the panel. If you don’t, the insurance company gets to pick. - Schedule the Exam
Once selected, the QME performs an evaluation and issues a report that carries significant legal weight.
Common Pitfalls for Unrepresented Workers
- Missing the 10-day selection window – Letting the insurance company choose could lead to a biased result.
- Choosing the wrong specialty – For example, selecting an orthopedist when your case involves a nerve injury.
- Accepting flawed reports – Without a lawyer, it’s harder to know if the QME followed legal and medical guidelines.
Why the QME Report Matters
The QME report will determine:
- Whether your injury is compensable
- Whether you’ve reached Maximum Medical Improvement (MMI)
- Your Whole Person Impairment (WPI) rating
- Future medical care
- Permanent disability compensation
This one document can control the entire outcome of your workers’ comp case.
EFLL Tip: When to Hire an Attorney
If you’re feeling overwhelmed by the QME process, or if your injury is complex (e.g., involving the spine, surgery, or psychological issues), hiring an attorney can significantly improve your case outcome.
Once you’re represented, Labor Code §4062.2 applies instead—and your lawyer will help ensure the QME selection process is strategic and fair.
🔗 Learn More:
See our Top 25 California Labor Codes for Workers’ Compensation to understand the legal landscape of your claim.
✅ Final Thoughts
Labor Code §4062.1 gives unrepresented workers a clear path to dispute medical decisions—but it’s not without risk. Selecting the right QME and ensuring the report is accurate can make or break your case.
At Employees First Labor Law, we step in when workers feel overwhelmed, outmatched, or mistreated by the insurance system. Don’t leave your future to chance—contact us if you’re unsure how to handle a panel QME on your own.
