Labor Code §4062.1: Panel QME Process Unrepresented Workers

Labor Code §4062.1 sets the rules for getting a Qualified Medical Evaluator (QME) when you don’t have a lawyer in your California workers’ comp case. When there is a medical dispute, you or the insurer can ask the Division of Workers’ Compensation (DWC) for a panel of three QMEs. You then have 10 days to pick one, schedule the exam and tell the insurer. If you miss that deadline, the insurer can choose the doctor.

When the panel QME process starts

A QME evaluation is used to resolve medical disputes under three related sections:

• Labor Code §4060: whether the injury is work-related (compensability).
• Labor Code §4061: permanent disability and the need for future medical care.
• Labor Code §4062: other objections to your treating doctor’s findings, such as work status or temporary disability. If you’re unrepresented, you generally must object in writing within 30 days of receiving the treating doctor’s report.

Disagreements about whether a specific treatment is medically necessary don’t go to a QME. They go through utilization review and Independent Medical Review.

Step by step under §4062.1

1. The panel request form. Either side may request a panel by submitting the DWC’s form (Form 105 for unrepresented workers). The insurer may submit it only if you haven’t done so within 10 days after it gave you the form and asked you to.
2. Choosing the specialty. Whoever submits the form designates the specialty, such as orthopedics, psychology or internal medicine. If the insurer files first, it picks the specialty.
3. Getting the panel. The DWC Medical Unit issues a list of three QMEs in that specialty.
4. Your 10 days. Within 10 days of the panel’s issuance, you choose one doctor, schedule the appointment and tell the insurer. If you don’t tell the insurer your choice in time, it may select a doctor from the panel. If the insurer makes the selection, or you chose but didn’t book, the insurer arranges the appointment.
5. Travel costs. Once the insurer has notice of the appointment, it must pay your estimated travel expenses.
6. The exam and report. The QME must give you a brief chance to ask questions. The QME report is generally due within 30 days after the exam (8 CCR §38).

Your rights at the QME exam

As an unrepresented worker, you must take part in the exam as the evaluator requests unless you have good cause to stop. Under §4062.1(d), good cause includes evidence that the QME is biased against you because of race, sex, national origin, religion or sexual preference, or that the QME asked for an unnecessary exam or procedure. If you end the exam for good cause, you are entitled to a new panel of three. But if the Appeals Board later finds you didn’t have good cause, the cost of the evaluation may be deducted from any award.

Choosing well from the panel

• Location. Check addresses before you choose. You will likely travel there more than once.
• Specialty fit. A spine injury, a psychiatric injury and a hearing loss claim all call for different specialists. If the specialty doesn’t match your main injury, the report may not address what matters most.
• Availability. Call the offices as soon as the panel arrives. The 10-day clock runs from the panel’s issuance, so there is little time to spare.

Our guide on how to choose the right QME has more tips.

A hypothetical example

Rosa, a hotel housekeeper without a lawyer, disagrees with her treating doctor’s finding that her shoulder has fully recovered. She objects in writing and submits Form 105 requesting an orthopedic panel. The panel is issued on a Monday. Rosa calls all three offices that week, books the earliest appointment and notifies the adjuster in writing the same day, keeping a copy. Because she acted inside the 10 days, the choice of QME stays with her.

Why the QME report matters

The QME’s opinions can decide whether your injury is accepted, how long temporary disability lasts, your permanent disability rating and whether you need future medical care. A report with errors or gaps can cost you significant benefits. If something looks wrong, you may be able to ask the QME for a supplemental report or question the doctor in a deposition. See how to dispute a biased QME report.

The DWC Information and Assistance Unit gives free help to unrepresented workers, and the DWC’s QME process Q&A explains the forms.

Frequently asked questions

Can I use an AME if I don’t have a lawyer?

No. Under §4062.1(a), the insurer can’t seek agreement with an unrepresented worker on an AME. Unrepresented workers use the QME panel.

What happens if I miss the 10-day deadline?

The insurer may pick the QME from the panel and arrange the appointment. You will still attend the exam, but you lose the choice.

Who decides the specialty?

The party that submits the panel request form designates it. If you want a say, submit the form yourself once you receive it.

If I hire a lawyer later, do I get a new QME?

Generally no. If you already had a comprehensive medical-legal evaluation under §4062.1, hiring a lawyer afterward doesn’t entitle you to an additional evaluation. Our guide to Labor Code §4062.2 explains how the panel process works for workers with a lawyer.

Who pays for the QME?

The employer or its insurer pays for a reasonable and necessary QME evaluation obtained through this process (Labor Code §4064(a)), along with your travel costs to attend.

Talk to a California workers’ comp lawyer

Employees First Labor Law represents workers exclusively, including injured workers facing a QME exam. We offer free virtual consultations to review your panel, deadlines and medical reports before your evaluation. 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.