§4062.2 QME Panel Strike Strategy — A California Workers' Comp Case Study

How the statutory framework applied

The one statutory strike per side must be used after reviewing the panel list for known-unfavorable examiners and before the other side locks in the selection.

Several California Labor Code sections and the procedural framework around them shaped the panel strike strategy.

The §4062.2 panel process

California Labor Code §4062.2 controls the QME selection process for represented workers. When the parties dispute a medical issue, including compensability, the extent of impairment, apportionment, or future medical care, either party can request a QME panel. The Division of Workers' Compensation issues a panel of three QMEs from the relevant specialty (orthopedic, neurosurgical, pain management, psychiatric, etc.). Within 10 days of receiving the panel, each side strikes one QME. The remaining QME conducts the evaluation and issues the report that controls the disputed medical issues.

Why the panel strike matters

The chosen QME will write the report that shapes the rating under California Labor Code §4660, the apportionment under California Labor Code §4663, and the future medical analysis under California Labor Code §4600. On a typical case, the difference between the most worker-friendly QME on a panel and the most defense-friendly QME can be twenty percentage points of permanent disability rating, ten percentage points of apportionment, and meaningful differences in future medical recommendations. On a $350,000-range case, those differences translate to tens of thousands of dollars.

How a specialist evaluates the panel

A specialist attorney evaluates each of the three QMEs on the panel against several factors: training and board certifications, the QME's specialty depth relative to the injury (an orthopedic spine QME for a fusion case is different from a general orthopedic QME), prior reports on similar injuries (publicly available QME report patterns), reputation in the workers' compensation bar for fairness or defense-orientation, and any specific physician tendencies on apportionment under California Labor Code §4663 or on contested impairment ratings under California Labor Code §4660. The most defense-friendly QME on the panel gets struck.

The supplemental request route under §4062.2

After the QME issues the initial report, California Labor Code §4062.2 permits supplemental questions to clarify the report or address issues the QME did not fully analyze. A well-drafted supplemental request can address apportionment that lacks substantial medical evidence under Brodie, request the QME's analysis of specific medical-legal issues, or seek clarification on future medical care recommendations. The supplemental request route is often more efficient than litigation when the initial report has fixable issues.

The QME deposition under §4062.2

California Labor Code §4062.2 permits either party to take the QME's deposition. The QME deposition is the formal mechanism for testing the medical-legal reasoning, cross-examining the QME on apportionment under California Labor Code §4663, and locking in or excluding specific findings. A QME deposition on a contested-apportionment case can sometimes flip a deficient apportionment finding by surfacing the absence of substantial medical evidence under Brodie.

The unrepresented-worker QME process under §4062.1

California Labor Code §4062.1 controls the QME process for unrepresented workers, a different framework where the QME is selected directly by the worker without the panel-strike mechanism. Represented workers proceed under California Labor Code §4062.2. The choice between representation under California Labor Code §4062.2 and unrepresented status under California Labor Code §4062.1 is itself a strategic decision: representation costs nothing under the California Labor Code §4906 contingency fee structure, and gives the worker the panel-strike strategic tool.

Linkage to §4660 rating and §4663 apportionment

The QME report controls the California Labor Code §4660 rating and the California Labor Code §4663 apportionment for the case unless successfully challenged at trial. A WCJ can adopt, modify, or reject the QME's findings, and a Petition for Reconsideration under California Labor Code §5903 can challenge a Findings and Award within 25 days of service by mail (or 20 days from electronic service). But the practical reality is that the QME report shapes settlements long before any formal challenge, which is why the panel strike strategy is so consequential.

Per the DIR's 2025 statutory adjustment, the maximum supplemental job displacement benefit under California Labor Code §4658.7 remains at $6,000, a cap that has not been adjusted since the 2013 SB 863 reform, so its real value has eroded roughly 27% against the CPI.

Related reading: California pillar guide · §4062.2 explainer.

Related on yazdchilaw.com: California workers' compensation lawyer pillar · California Labor Code §5400.30 explained · California Labor Code §3700.6 explained · what to do if you can't go back to work after a workers' comp injury.