Text of Labor Code §4062.2 :
California Labor Code §4062.2 establishes the procedure for selecting a Qualified Medical Evaluator (QME) when an injured worker is represented by an attorney and there’s a medical dispute in a workers’ compensation claim.
“If an employee is represented by an attorney, and there is a dispute pursuant to Section 4060, 4061, or 4062, the parties shall first attempt to agree on an Agreed Medical Evaluator (AME). If they cannot agree, a QME panel shall be selected in accordance with rules established by the Administrative Director.”
What This Means for Injured Workers:
When there’s a disagreement—like whether you’ve reached Maximum Medical Improvement (MMI), how disabled you are, or whether a treatment is necessary—the insurance company and your attorney must first try to agree on an Agreed Medical Evaluator (AME).
If they can’t agree, either party can request a 3-doctor panel of QMEs from the Division of Workers’ Compensation Medical Unit.
You then have 10 days to strike one name from the panel. The remaining two go to the other party, who selects the evaluator. If deadlines are missed, the other side chooses.
Why the QME Matters:
The QME’s opinion can determine:
- Whether your injury is work-related
- If you’re temporarily or permanently disabled
- The severity of your impairment
- What treatment you’re entitled to
- Whether you’re ready to settle your case
Common Pitfalls:
- Letting the insurance carrier pick the QME by missing the 10-day deadline
- Failing to object properly to flawed medical reports
- Getting assigned a QME who is biased or unqualified for your condition
How EFLL Helps
At Employees First Labor Law, we help ensure:
- You don’t miss critical timelines
- You get an appropriate and unbiased QME
- Medical disputes are handled quickly and strategically
- The QME’s opinion reflects the true impact of your injury
If you’re represented and facing a medical dispute, you don’t have to navigate the panel QME process alone—we handle it for you.
🔗 Learn More
See our Top 25 California Labor Codes for Workers’ Compensation to understand the legal landscape of your claim.
Final Thoughts
Labor Code §4062.2 is your safeguard against unfair medical decisions. If you disagree with a treating physician’s opinion—or your treatment is being cut off—don’t delay. The clock is ticking.
Contact Employees First Labor Law to make sure your medical rights are protected and your recovery isn’t compromised.
