California Labor Code 4062: Objections, Deadlines, and QME Panels

California Labor Code 4062 is the statute that lets either an injured worker or an employer formally object to a treating physician’s medical determination and push the dispute to an independent Qualified Medical Evaluator (QME). It applies when the disagreement is about treatment, temporary disability status, or work restrictions. The objection must be in writing, and the deadline is tight: 20 days from receipt of the report if the worker has an attorney, 30 days if not.¹

What Section 4062 Covers

The statute reaches medical determinations by a treating physician that aren’t already handled by two neighboring sections of the Labor Code. It does not cover whether the injury is work-related in the first place — that falls under Section 4060 — and it does not cover permanent disability ratings or future medical care, which fall under Section 4061.¹

What’s left is the day-to-day management of an open claim. Typical 4062 disputes include whether a specific treatment should be authorized, whether the worker is still temporarily disabled and entitled to indemnity, and when the worker can return to work. If a doctor recommends physical therapy and the carrier disagrees, or clears the worker for full duty when the worker thinks that’s premature, this is the section to use.

Filing under the wrong section stalls the case. Before objecting, confirm the disputed finding is actually about treatment, temporary disability, or work restrictions rather than compensability or permanent impairment.

When Section 4062 Does Not Apply

There are three important carve-outs. The largest involves utilization review. If the carrier used utilization review to modify, delay, or deny a treatment recommendation, the worker cannot use the 4062 QME process. That dispute goes through Independent Medical Review under Labor Code 4610.5, a separate track run by an independent review organization assigned through the Division of Workers’ Compensation.¹² Many workers try to challenge a UR denial through the QME process and find out too late they used the wrong procedure.

Second, disputes about diagnoses or treatment from a physician inside the employer’s Medical Provider Network have their own review process under Sections 4616.3 and 4616.4, not 4062.¹

Third, as noted above, compensability goes under 4060 and permanent disability under 4061.³ Those sections use the same QME panel system but have different triggers.

Objection Deadlines and What to Put in Writing

The statute draws a hard line based on representation. Represented workers (and the employer in a represented case) have 20 days from receipt of the treating physician’s report to send a written objection. Unrepresented workers have 30 days.¹

The clock starts on receipt, not the date the report was written. If the report arrives by mail, receipt is typically a few days after the mailing date. Mark the calendar the day the report arrives. The deadlines can be extended for good cause or by agreement, but counting on an extension is risky, and missing the window usually ends the right to challenge the physician’s opinion through the QME process.

The written objection should identify the treating physician, the date of the report, and the specific medical determination in dispute. That’s not just a formality. When the objecting party later requests a QME panel, the regulations require attaching the written objection with those details.⁴

Getting a QME Panel When the Worker Has an Attorney

Represented cases follow Section 4062.2. After the written objection is mailed, no one can request a QME panel for 10 days. The panel request cannot go in until the first working day that is at least 10 days after the objection was mailed.⁵ The waiting period gives the parties a chance to agree on an Agreed Medical Evaluator (AME) and skip the panel process entirely.

If no AME is agreed on, represented parties must submit the panel request electronically through the Division of Workers’ Compensation’s online system. Online filing has been mandatory since October 2015 for all injuries on or after January 1, 2005.⁴ The request is DWC Form 106, submitted online.⁶ The filing party designates the medical specialty needed and, if known, the specialty the other side wants.

The panel generates automatically on submission.⁴ The requesting party then has one working day to print and serve the request, the panel list, and supporting documents on the opposing party. From that service date, each side has 10 days to strike one name. Whoever is left on the three-name panel becomes the QME.⁵

Miss the 10-day strike deadline and the other side can pick any remaining physician on the panel. That’s a real consequence; it effectively hands the choice to the opposing party.

Getting a QME Panel When the Worker Is Unrepresented

Section 4062.1 governs unrepresented cases, and some rules are different. The employer cannot seek an AME, and no AME may conduct the evaluation.⁷ The protection exists because an unrepresented worker may not understand the implications of agreeing to a particular doctor.

The unrepresented worker (or the claims administrator) requests a panel using DWC Form 105, which is mailed to the DWC Medical Unit.⁸ There is no online portal for unrepresented filings. The claims administrator must give Form 105 to the employee by personal delivery or first-class or certified mail. If the employee doesn’t submit the form within 10 days after receiving it, the employer can submit it instead.⁴

Once the panel issues, the unrepresented worker has 10 days to pick one of the three physicians, schedule the appointment, and tell the employer who was chosen. If the worker doesn’t act in 10 days, the employer selects the physician and sets the appointment.⁷ This is a straight pick, not the alternating-strike method used in represented cases.

Scheduling the Evaluation

In a represented case, the employee schedules the QME appointment. If the employee doesn’t tell the employer about the appointment within 10 days of the QME being selected, the employer can step in and arrange it.⁵ The same 10-day rule applies to unrepresented workers.⁷

If the scheduling party cannot get an appointment within 90 days, that party may waive the right to a replacement and accept an appointment up to 120 days out. If the QME still cannot fit the case within 120 days, either side can report the unavailability and the Medical Director will issue a replacement.⁹ Delays are common in specialties with few QMEs.

At the appointment, an unrepresented worker gets a short chance to ask the evaluator about the process and the evaluator’s background. If the worker has good cause to believe the evaluator is biased, the worker may stop the evaluation and request a new panel.⁷ If the appeals board later finds there was no good cause, the cost of that evaluation is deducted from any award.

Who Pays and How Much

The employer’s insurer pays for the QME evaluation. Medical-legal expenses must be paid within 60 days after the employer receives the required reports and documentation, unless the claims administrator contests liability within that period.¹⁰

The base fees are:

Comprehensive evaluation (ML201): $2,015, covering review of up to 200 pages of records, with additional pages reimbursed at $3.00 each.
Follow-up evaluation (ML202): $1,316.25.
Supplemental evaluation (ML203): $650.

These base fees can be increased by modifiers permitted under the regulations.¹¹ A comprehensive evaluation on a complex claim with thousands of pages of records can run well above the $2,015 base.

Panel Disputes and Replacement Panels

Not every panel request goes smoothly. Disputes about whether the panel request itself was valid are decided by a Workers’ Compensation Administrative Law Judge. Disputes about the designated specialty go first to the Medical Director, and either party can appeal to a judge.¹²

If the Medical Director doesn’t issue a panel within 30 days of receiving the request, either party can ask a judge to order one. The order has to specify the specialty or designate which party picks it.¹² Represented online filings usually generate a panel immediately, so the 30-day backstop matters most in unrepresented cases filed by mail.

The AME Alternative in Represented Cases

Represented parties can skip the panel process by agreeing on a single physician. Under Section 4062.2(f), the parties may agree to an Agreed Medical Evaluator at any time, except on issues subject to Independent Medical Review under Section 4610.5. If a panel has already been requested, the parties cannot switch to an AME unless both cancel the panel agreement in writing.⁵

An AME gives both sides more control over who evaluates the case, which is why experienced attorneys often prefer it. The tradeoff is needing to agree, which can be hard when the medical issues are contested. If talks stall, the panel process remains available after the 10-day waiting period runs.

1
California Legislative Information. California Code LAB 4062
2
Department of Industrial Relations. California Code of Regulations Title 8 Section 9792.10.4 – Independent Medical Review Assignment and Notification
3
California Legislative Information. California Code LAB 4061
4
Department of Industrial Relations. California Code of Regulations Title 8 Section 30 – QME Panel Requests
5
California Legislative Information. California Code LAB 4062.2
6
Division of Workers’ Compensation. Online QME Form 106 Panel Request
7
Justia Law. California Code LAB 4062.1
8
Division of Workers’ Compensation. Request for Qualified Medical Evaluator Panel – Unrepresented Employee
9
Department of Industrial Relations. California Code of Regulations Title 8 Section 31.3 – Scheduling Appointment with Panel QME
10
Department of Industrial Relations. California Code of Regulations Title 8 Section 9794 – Reimbursement of Medical-Legal Expenses
11
Department of Industrial Relations. California Code of Regulations Title 8 Section 9795 – Reasonable Level of Fees for Medical-Legal Expenses
12
Department of Industrial Relations. California Code of Regulations Title 8 Section 31.1 – QME Panel Selection Disputes in Represented Cases