As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 1. SCOPE AND OPERATION [3200 - 4418] · CHAPTER 7. Medical Examinations [4050 - 4068] · ARTICLE 2. Determination of Medical Issues [4060 - 4068]
(a) If an employee is not represented by an attorney, the employer shall not seek agreement with the employee on an agreed medical evaluator, nor shall an agreed medical evaluator prepare the formal medical evaluation on any issues in dispute. (b) If either party requests a medical evaluation pursuant to Section 4060, 4061, or 4062, either party may submit the form prescribed by the administrative director requesting the medical director to assign a panel of three qualified medical evaluators in accordance with Section 139.2. However, the employer may not submit the form unless the employee has not submitted the form within 10 days after the employer has furnished the form to the employee and requested the employee to submit the form. The party submitting the request form shall designate the specialty of the physicians that will be assigned to the panel. (c) Within 10 days of the issuance of a panel of qualified medical evaluators, the employee shall select a physician from the panel to prepare a medical evaluation, the employee shall schedule the appointment, and the employee shall inform the employer of the selection and the appointment. If the employee does not inform the employer of the selection within 10 days of the assignment of a panel of qualified medical evaluators, then the employer may select the physician from the panel to prepare a medical evaluation. If the employee informs the employer of the selection within 10 days of the assignment of the panel but has not made the appointment, or if the employer selects the physician pursuant to this subdivision, then the employer shall arrange the appointment. Upon receipt of written notice of the appointment arrangements from the employee, or upon giving the employee notice of an appointment arranged by the employer, the employer shall furnish payment of estimated travel expense. (d) The evaluator shall give the employee, at the appointment, a brief opportunity to ask questions concerning the evaluation process and the evaluator’s background. The unrepresented employee shall then participate in the evaluation as requested by the evaluator unless the employee has good cause to discontinue the evaluation. For purposes of this subdivision, “good cause” shall include evidence that the evaluator is biased against the employee because of his or her race, sex, national origin, religion, or sexual preference or evidence that the evaluator has requested the employee to submit to an unnecessary medical examination or procedure. If the unrepresented employee declines to proceed with the evaluation, he or she shall have the right to a new panel of three qualified medical evaluators from which to select one to prepare a comprehensive medical evaluation. If the appeals board subsequently determines that the employee did not have good cause to not proceed with the evaluation, the cost of the evaluation shall be deducted from any award the employee obtains. (e) If an employee has received a comprehensive medical-legal evaluation under this section, and he or she later becomes represented by an attorney, he or she shall not be entitled to an additional evaluation.
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ10954617 · 2024-06-12 · Long Beach District Office§ 4062.1
Determinative passage · p.6Labor Code section 4054 provides that if the injured worker "fails or refuses to submit to examination" after an order by a WCJ or the Appeals Board, or if the injured worker "obstructs the examination," his right to benefits during the period shall be barred. We caution applicant that at some point he must attend an evaluation with either Dr. Ghodadra or another physician as is required by Labor Code section 4062.1. If he does not attend the evaluation, he risks that the WCJ may suspend his right to benefits.
Applicant must attend evaluation with Dr. Ghodadra or another physician as required by law.
Official decision · page 6 → - ADJ10385820 · 2024-01-02 · San Diego District Office§ 4062.1
Determinative passage · p.5Labor Code section 4060 provides, in relevant part, as follows:
These statutes govern the admissibility and submission of medical reports to QMEs in workers' compensation claims.
Official decision · page 5 → - ADJ15619594 · 2023-12-22 · Santa Rosa District Office§ 4062.1
Determinative passage · p.6Here, the court issued an Order for a replacement QME panel in Psychiatry (MPD) based on the applicant's own requests within the evidentiary record. However, as it appears that the applicant now desires a replacement QME panel in Psychology (PSY), this specialty is appropriate pursuant to Labor Code section 4062.1 (b ). It is respectfully requested that the court's order shall be amended for the Medical Unit to issue a replacement Psychological (PSY) panel, within a reasonable geographic distance of zip code 94928.
Supports issuance of replacement QME panel in Psychology (PSY).
Official decision · page 6 → - ADJ15870256 · 2023-05-23 · Fresno District Office§ 4062.1
Determinative passage · p.4Once the parties have identified a medical dispute, the procedure for obtaining a panel of QMEs where applicant is not represented is governed by section 4062.1, which provides in pertinent part:
Governs the procedure for obtaining and objecting to QME panels and the rights of represented and unrepresented applicants.
Official decision · page 4 → - ADJ6779197 · 2014-04-02 · Long Beach District Office§ 4062.1
Determinative passage · p.24 Based upon our review of the relevant statutes and case law, we hold that:
Applied to hold applicant entitled to a new panel QME for subsequent claims of injury, not required to return to original QME.
Official decision · page 2 → - ADJ6779197 · 2014-02-27 · Long Beach District Office§ 4062.1
Determinative passage · p.48 Section 4060(a) provides in pertinent part that "this section shall apply to disputes over the
These sections require that medical-legal evaluations address all medical issues arising from all reported claims at the time of evaluation and generally require returning to the same evaluator only for new medical issues in the same claim or reopening the same claim.
Official decision · page 4 → - 2007-sp-1 · 2007-06-14 · Oakland District Office§ 4062.1
Determinative passage · p.26 We hold, for purposes of sections 4062.1(e) and 4062.2(e), that an employee has
Applicant had not attended and participated in the examination by the QME selected from the prior panel, so she had not 'received' a comprehensive medical-legal evaluation and was entitled to a new QME panel.
Official decision · page 2 → - 2004-eb-6 · 2004-10-05 · San Jose District Office§ 4062.1
Determinative passage · p.521 Here, applying these principles to sections 4610, 4062, 4062.1, and 4062.3, as they were
The en banc decision clarifies and applies these statutes to require a panel QME evaluation and timely objection by the unrepresented employee to dispute utilization review determinations.
Official decision · page 5 →
All 8 decisions naming § 4062.1 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 4062.1as what they implement.
- 8 CCR § 1Definitions.
- 8 CCR § 10Appointment of QMEs.
- 8 CCR § 11.5Disability Evaluation Report Writing Course.
- 8 CCR § 20Time Periods.
- 8 CCR § 29Specified Financial Interests That May Affect Assignment to QME Panels.
- 8 CCR § 30QME Panel Requests.
- 8 CCR § 30.5Specialist Designation.
- 8 CCR § 31QME Panel Selection.
- 8 CCR § 31.2QME Office Locations. [Repealed]repealed
- 8 CCR § 31.3Scheduling Appointment with Panel QME.
- 8 CCR § 31.5QME Replacement Requests.
- 8 CCR § 31.7Obtaining Additional QME Panel in a Different Specialty.
- 8 CCR § 32Consultations.
- 8 CCR § 32.6Additional QME Evaluations Ordered by the Appeals Board.
- 8 CCR § 33Unavailability of QME.
- 8 CCR § 34Appointment Notification and Cancellation.
- 8 CCR § 35Exchange of Information and Ex Parte Communications.
- 8 CCR § 35.5Compliance by AMEs and QMEs with Administrative Director Evaluation and Reporting Guidelines.
- 8 CCR § 36Service of Comprehensive Medical-Legal Evaluation Reports by Medical Evaluators Including Reports Under Labor Code Section 4061.
- 8 CCR § 36.5Service of Comprehensive Medical/Legal Report in Claims of Injury to the Psyche.
- 8 CCR § 36.7Electronic Service of Medical-Legal Reports by Medical Evaluators.
- 8 CCR § 38Medical Evaluation Time Frames; Extensions for QMEs and AMEs.
- 8 CCR § 39.5Retention of Records by QMEs.
- 8 CCR § 40Disclosure Requirements: Injured Workers.
- 8 CCR § 41Ethical Requirements.
- 8 CCR § 41.6Procedures After Notice of Conflict of Interest and Waivers of Conflicts of Interest of an Evaluator.
- 8 CCR § 43Method of Measurement of Psychiatric Disability.
- 8 CCR § 44Method of Evaluation of Pulmonary Disability.
- 8 CCR § 45Method of Evaluation of Cardiac Disability.
- 8 CCR § 46Method of Evaluation of Neuromusculoskeletal Disability.
- 8 CCR § 49Definitions.
- 8 CCR § 49.2Neuromusculoskeletal evaluation.
- 8 CCR § 49.4Cardiovascular evaluation.
- 8 CCR § 49.6Pulmonary evaluation.
- 8 CCR § 49.8Psychiatric evaluation.
- 8 CCR § 49.9Other evaluation.
- 8 CCR § 55Reappointment: Continuing Education Programs. For Applications Received Before April 1, 2026.
- 8 CCR § 55.1Reappointment: Continuing Education Programs.
- 8 CCR § 62Probation.
- 8 CCR § 100The Application for Appointment as Qualified Medical Evaluator Form.
- 8 CCR § 104The Reappointment Application as Qualified Medical Evaluator Form.
- 8 CCR § 105The Request for Qualified Medical Evaluator Panel - Unrepresented Form.
- 8 CCR § 106The Request for Qualified Medical Evaluator Panel - Represented Form.
- 8 CCR § 107The Qualified Medical Evaluator Panel Selection Form.
- 8 CCR § 108The Qualified Medical Evaluator Panel Selection Instruction Form.
- 8 CCR § 109The Qualified Medical Evaluator Notice of Unavailability Form.
- 8 CCR § 110The Appointment Notification Form.
- 8 CCR § 111The Qualified or Agreed Medical Evaluator Findings Summary Form.
- 8 CCR § 112The QME/AME Time Frame Extension Request Form.
- 8 CCR § 113Notice of Denial of Request for Time Extension Form.
- 8 CCR § 116Notice of Late QME/AME Report-No Extension Requested Form.
- 8 CCR § 117Qualified Medical Evaluator Course Evaluation Form.
- 8 CCR § 118Application for Accreditation or Re-Accreditation As Education Provider.
- 8 CCR § 119Faculty Disclosure of Commercial Interest.
- 8 CCR § 120Voluntary Directive for Alternate Service of Medical-Legal Evaluation Report on Disputed Injury to Psyche.
- 8 CCR § 121Declaration Regarding Protection of Mental Health Record.
- 8 CCR § 122AME or QME Declaration of Service of Medical-Legal Report.
- 8 CCR § 10150.1Signature Disputes and the Signatures of Consultants.
- 8 CCR § 10150.3Disability Evaluation Unit File Retention.
- 8 CCR § 10150.4Misfiled or Misdirected Documents.
- 8 CCR § 10152Disability, When Considered Permanent.
- 8 CCR § 10160Summary Rating Determinations, Comprehensive Medical Evaluation of Unrepresented Employee.
- 8 CCR § 10160.1Summary Rating Determinations, Report of Primary Treating Physician for Unrepresented Employee.
- 8 CCR § 10160.5Summary Rating Determinations, Represented Employees.
- 8 CCR § 10161Forms.
- 8 CCR § 10161.1Reproduction of Forms.
- 8 CCR § 10163Apportionment Referral.
- 8 CCR § 10165.5Notice of Options Following Disability Rating (DEU Form 110).
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 4062.1
What is California Labor Code § 4062.1?
Labor Code § 4062.1 sits in ARTICLE 2. Determination of Medical Issues [4060 - 4068]. The statute on this page begins: (a) If an employee is not represented by an attorney, the employer shall not seek agreement with the employee on an agreed medical. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4062.1 in this corpus?
This corpus has 8 released decisions whose extracted legal standards named § 4062.1. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.