“I am glad and so very pleased...he made happen what no other attorney could do. So far he has proven his weight in gold.”
Jamal Sharples
Antelope Valley
How Do I Choose a QME Doctor in California Workers Comp?
Certified Specialist (CA Bar)No Fee Unless We Win (Costs May Apply)Millions RecoveredSe Habla Español
- Years of Practice
- 14+
- Cases Handled
- 500+ over 14+ years of practice
- Recovered
- $7M+ over 14+ years of practice
- Bilingual + Farsi
- English + Español + Farsi
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
The QME selection process is among the most consequential moments in a California workers' comp case, the chosen evaluator's report drives the permanent disability rating and future medical determination. Panel selection follows a strict strike procedure; represented workers use a different path than unrepresented. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) handles QME selection.
The mechanical framework under California Labor Code §4062.2, the statute that governs the QME panel request and strike process for represented workers, is fixed: a request goes to the DWC Medical Unit, a panel of three QMEs in the requested specialty is generated, and the parties strike alternately. The skill is knowing which doctors to strike, and the only way to know is research into prior reports, rating patterns, and specialty reputations. An unrepresented worker strikes first; a represented worker (through counsel) strikes after the defendant.
Below: how to research the panel, how to decide which doctor to keep, and what to do before the evaluation to make sure the QME has the complete record.
How is the QME panel generated?
An unrepresented worker receives a panel of three QMEs from the DWC and can strike one; the insurer strikes one; the remaining physician is selected.
Under §4062.2, either party can request a QME panel by filing a DWC Form 105 with the Medical Unit. The form specifies the medical specialty (orthopedic, neurology, psychiatry, internal medicine, etc.). The Medical Unit pulls three QMEs at random from its database within geographic range. Within 10 days of receiving the panel, the non-requesting party strikes one; the requesting party strikes one within an additional 10 days; the remaining QME conducts the evaluation. Missing a deadline forfeits the strike.
Which specialty should the QME be in?
Specialty selection is critical and often outcome-determinative. A shoulder injury can be evaluated by orthopedic surgery (most common), physical medicine & rehabilitation, or even pain medicine, and the rating outcomes can differ dramatically. Complex cases often warrant multiple panels: an orthopedic QME for the joint, a neurology QME for nerve involvement, a psychiatric QME for compensable consequence psych. The specialty choice is a strategic call that should be made with the case theory in mind.
How do I research which QMEs to strike?
The best practice is database review of every QME's prior reports, looking at apportionment patterns, AOE/COE conclusions, impairment-rating tendencies, and reputation among practitioners. Some QMEs are known as worker-friendly raters; others as defense-friendly. Some apply §4663 apportionment aggressively; others write balanced reports. Without research, the strike is a coin flip. Yazdchi Law maintains internal records on the QMEs in every specialty and geographic region the firm operates in.
What if I am represented vs. unrepresented?
A represented worker and the insurer can agree on an Agreed Medical Evaluator instead of using the panel; AME selection is often strategically preferable.
Under §4062.1, an unrepresented worker uses a different selection process, the worker chooses the QME directly from the three-doctor panel. Once represented, §4062.2 strike procedure applies. This means unrepresented workers often select QMEs based on convenience or marketing without research, leading to suboptimal outcomes. Represented workers benefit from the strike framework when counsel has prior experience with the panel doctors. According to the California DWC 2024 Annual Report, QME report quality and disputes remain a leading source of case delay and litigation.
Related on yazdchilaw.com: California workers' compensation lawyer pillar · What is mmi maximum medical improvement · what MMI means in California workers' comp · Workers comp medical treatment utilization review · California Labor Code §3600 explained.
Injured at work? Call (661) 273-1780
Tap to call →In the Santa Clarita / North LA County region, the QME panels are pulled from the Medical Unit's database within a geographic range, typically including doctors in the San Fernando Valley, Antelope Valley, and parts of the San Gabriel Valley. Some panel doctors are well-known to local practitioners; others are obscure or new to QME work. The strike strategy depends entirely on knowing the panel.
Yazdchi Law's QME research process for local cases includes prior-report database review, peer attorney consultation, and analysis of the doctor's training, board certifications, and prior QME volume. The firm has decades of cumulative experience with the QMEs serving the Van Nuys, Marina del Rey, and Long Beach WCAB venues. When a worker walks into the QME exam, the firm has already prepared the medical history submission, identified the case theory, and briefed the worker on what to expect. The strike was the first investment; the preparation is what completes it.
Frequently Asked Questions
Can I refuse to see a QME I think is biased?
Generally no, once the panel selection process is complete. You can challenge a QME for bias under §4062.5 if you have specific evidence of misconduct or financial conflict, but garden-variety preference for defense or plaintiff is not grounds for replacement. The protection against bias is in the strike process, that is when you remove the doctors you suspect of bias. Once the QME is selected, you generally must attend and the report stands subject to cross-examination.
How long after the QME report can I object?
Under §4062, either party has 20 days to object to a medical determination in the QME report. If neither party objects, the report becomes the basis for further proceedings. If you object, the dispute proceeds through additional discovery, deposition of the QME, or supplemental reports. The objection process preserves your right to challenge ratings, apportionment, or AOE/COE conclusions you believe are erroneous.
What if the QME report has factual mistakes?
Factual errors in QME reports are addressable through several mechanisms: a supplemental report request to the QME under §4062 noting the errors, deposition of the QME to clarify and correct, or a request for a new QME panel if the errors are sufficiently severe and the doctor refuses to correct them. Documenting the errors immediately and in writing is essential, a delayed correction effort is much harder to win.
Can I get a second QME?
Under §4062.3, you can request additional QME panels in different specialties for different injuries or body parts. You cannot generally get a second QME in the same specialty just because you do not like the first report. Limited exceptions include QME unavailability, severe report defects, or new injuries warranting separate evaluation. The most reliable path to challenge a QME is deposition and cross-examination, not panel replacement.
Does the QME decide my permanent disability rating?
The QME provides whole-person impairment under the AMA Guides 5th Edition, which then feeds into the §4660 PD rating calculation (impairment plus FEC adjustment, occupation modifier, age modifier). The QME does not directly assign a PD percentage, the rater (formal or informal) applies §4660. However, the QME's impairment number is the foundation, and the QME's apportionment opinion under §4663 directly reduces the rating. Both inputs are critical.
How much does a QME evaluation cost?
The carrier pays the QME fee under §4621. Fees are set by the DWC fee schedule and depend on the complexity of the evaluation, records reviewed, and report length. Injured workers do not pay QME fees out of pocket. If you fail to appear for a scheduled QME without good cause, the carrier may seek to charge you for the no-show fee, so always confirm and attend, or reschedule in advance with documentation.
Last reviewed by Eman Yazdchi, Esq., June 2026.
Get your case evaluated in 60 seconds.
Get Your Free Case EvaluationTalk to a Certified Specialist
Three fields. No obligation.
What Our Clients Say
Read more testimonials →“I am glad and so very pleased...he made happen what no other attorney could do. So far he has proven his weight in gold.”