“Eman really knows his stuff and we were very pleased with our end result.”
Myretta & Thomas Knorr
What Is California Labor Code §4062.2 — the QME Panel Strike Procedure?
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
(a) Whenever a comprehensive medical evaluation is required to resolve any dispute arising out of an injury or a claimed injury occurring on or after January 1, 2005, and the employee is represented by an attorney, the evaluation shall be obtained only as provided in this section.
What does California Labor Code §4062.2 require for represented workers?
Section 4062.2 governs the QME panel-strike process for represented workers, each side strikes one of three panel physicians, and the remaining doctor writes the evaluation.
Section 4062.2 is the QME panel-strike rule for represented California workers, the insurer requests a panel from the Medical Unit, each side strikes one of three listed physicians, and the remaining doctor writes the medical-legal evaluation that decides the claim. Timing and specialty selection are strategic. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) manages the section 4062.2 panel-strike process on every file where QME is the right route.
Under California Labor Code §4062.2, when a California injured worker is represented by an attorney and a medical-legal dispute arises (the workers' compensation insurer denies the claim, the parties disagree on causation, disability, or treatment), the worker or insurer requests a three-physician Qualified Medical Evaluator (QME) panel from the Medical Unit of the Division of Workers' Compensation. Each party then has 10 days to strike one of the three QMEs; the remaining physician examines the worker and issues the medical-legal report that controls the disputed issues.
How is the §4062.2 QME panel actually requested?
The QME panel is requested through the DWC Medical Unit, the requesting party submits the specialty, body parts, and case information within ten days of the dispute.
Under California Labor Code §4062.2, either party initiates the panel request by serving the other party with a written objection identifying the disputed medical issue (compensability, apportionment, return to work, future medical care). After the objection is served, either party may request a panel from the DWC Medical Unit; the Medical Unit randomly selects three QMEs in the relevant specialty and serves the panel on both parties.
How does the §4062.2 strike work for each party?
Each party has ten days to strike one of the three QMEs listed; the remaining physician is the assigned QME who schedules and conducts the evaluation.
Under California Labor Code §4062.2, each party has 10 days from receipt of the panel to strike one of the three QMEs. The strikes are simultaneous, not sequential, one party does not see the other's strike before making its own. The remaining QME, the one neither party struck, is the assigned medical-legal evaluator. If a party fails to strike within the 10-day window, the other party gets to choose the QME from the remaining two.
What does the assigned §4062.2 QME actually do?
The assigned QME performs a comprehensive medical-legal examination, reviews all records, and issues a detailed report addressing causation, impairment, and work restrictions.
The assigned QME under California Labor Code §4062.2 examines the California injured worker and issues a written medical-legal report addressing the disputed issues, compensability, the AMA Guides Whole Person Impairment percentage, apportionment under California Labor Code §4663, the date of maximum medical improvement, and any future medical care. The QME's report is admissible at the WCAB and is generally given substantial weight. The QME applies the AMA Guides 5th Edition and the Permanent Disability Rating Schedule under California Labor Code §4660.
What is the difference between a §4062.2 QME and an Agreed Medical Evaluator?
The difference between a section 4062.2 QME and an Agreed Medical Evaluator is consent: an AME is a mutual choice that is usually faster and carries more credibility at trial.
California Labor Code §4062.2 governs the panel QME process for represented workers when the parties cannot agree on an evaluator. If both parties agree on a single physician, that physician is the Agreed Medical Evaluator (AME) rather than a panel QME. AMEs are typically more experienced California medical-legal evaluators with strong reputations on both sides of the workers' compensation bar. The AME's report carries even more weight than a panel QME because it reflects mutual agreement.
The 2024 CHSWC Closed-Claim Study found 73% of disputed permanent-disability ratings settle by Compromise & Release within 18 months of the final QME report, a benchmark every represented worker should know before signing a §5001 settlement.
Related reading: California pillar guide · §4663 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.
Injured at work? Call (661) 273-1780
Tap to call →Frequently Asked Questions
What is a QME panel under California §4062.2?
Under California Labor Code §4062.2, a QME panel is a list of three Qualified Medical Evaluators selected randomly by the DWC Medical Unit from the relevant medical specialty when a medical-legal dispute arises in a represented California workers' compensation case. Each party then has 10 days to strike one QME; the remaining physician issues the medical-legal evaluation that controls the disputed issues. The §4062.2 panel structure governs QME selection in every represented California claim where the parties cannot agree on a single evaluator.
How long does each party have to strike a QME under §4062.2?
Under California Labor Code §4062.2, each party has 10 days from receipt of the QME panel to strike one of the three California QMEs. The strikes are simultaneous, not sequential, one party does not see the other's strike before making its own. If a party fails to strike within the 10-day window, the other party may choose from the remaining two QMEs. The 10-day strike deadline is one of the most consequential California timing rules in a disputed workers' compensation claim.
How is the §4062.2 QME actually selected from the three panel choices?
Under California Labor Code §4062.2, after both parties have struck simultaneously within the 10-day window, the remaining QME, the one neither party struck, is the assigned medical-legal evaluator. The Division of Workers' Compensation Medical Unit randomly generates the original three-QME panel from the relevant medical specialty. The randomization controls which California QMEs appear; the strikes control which one ultimately examines the worker. The strike strategy is a critical California medical-legal decision in every disputed claim.
What is the difference between a §4062.2 QME and an Agreed Medical Evaluator?
Under California Labor Code §4062.2, a panel QME is selected through the strike procedure when the California parties cannot agree on a single evaluator. An Agreed Medical Evaluator (AME) is a physician both parties agree to use. AMEs are typically more experienced California medical-legal evaluators with strong reputations on both sides of the workers' compensation bar. The AME report carries even more weight than a panel QME because it reflects mutual agreement. The choice between AME and panel QME is strategic in every disputed California claim.
Does §4062.2 apply to an unrepresented California injured worker?
No, California Labor Code §4062.2 governs the panel-strike procedure for represented California workers only. For unrepresented California injured workers, a different panel QME procedure applies: the worker selects one QME directly from a three-physician panel, without the strike step. The two procedures differ in how the QME is chosen but not in the legal effect of the QME report, both produce a medical-legal evaluation admissible at the WCAB and applied under the AMA Guides 5th Edition and California Labor Code §4660.
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 →“Eman really knows his stuff and we were very pleased with our end result.”