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FAQ

Frequently Asked Questions

WHAT IS AN INDEPENDENT MEDICAL EXAMINATION (IME)?

An IME is a medical evaluation that is used to resolve questions about your medical condition. Usually, the insurance company requests an IME because it disagrees with a decision by your treating doctor about your course of treatment (especially if your doctor recommends surgery or other expensive procedures) or the extent of any permanent disability. In some cases, the judge or hearing officer assigned to your case may also order an IME to resolve a disputed issue related to your case. And in some states, you may have the right to request an IME when you disagree with your treating doctor’s opinions.

QUALIFIED MEDICAL EXAMINATIONS (QME)

A qualified medical evaluator (QME) is a California physician who evaluates you when there are questions about what benefits you should receive. A physician must meet educational and licensing requirements to qualify as a QME. They must also pass a test and participate in ongoing education on the workers’ compensation evaluation process. If you have an attorney, you and your claims administrator might agree on a doctor to resolve medical disputes. This doctor is called an agreed medical evaluator (AME). An AME or a panel QME will be used to resolve medical disputes in your workers’ compensation case.

FUNCTIONAL CAPACITY EVALUATIONS (FCE)

Generally speaking, Functional Capacity Evaluations (FCEs) should be ordered when the primary treating physician has not released the injured worker back to work, or the worker is on modified duties called work restrictions. Functional Capacity Evaluation should be requested when objective work restrictions are needed or an impairment rating is requested.

For Personal Injury (PI) or private insurance claims, the Functional Capacity Evaluation is useful to determine current physical abilities and to determine if any loss of function is related to the injury. In Medical-Legal cases the Functional Capacity Evaluation should be requested for every Independent Medical Examination (IME), Agreed Medical Examination (AME), Qualified Medical Evaluations (QME), and Permanent and Stationary Report. We recommend that you order a FCE on every injured worker today, so you can have the required documentation for your case.



  • QME
  • AME
  • IME
  • PERMANENT & STATIONARY
  • IMPAIRMENT RATING STATUS
  • PERSONAL INJURY CASES
  • LITIGATED CASES
  • DIRECT REFERRALS

We also accept DIRECT Referrals from Doctors, Attorneys, Corporations and Insurance Adjusters.

The Functional Capacity Evaluation is required for a complete and accurate AME, QME and Permanent and Stationary report. The California DWC requires this test and states, “functional capacity is to be prepared for the purpose of determining a claimant’s ability to return to his or her usual and customary occupation.”



Take full advantage of this service and refer your patients and clients to us and get a comprehensive disability report: ORDER FORM

QUESTIONS & ANSWERS

QUESTIONS & ANSWERS -2

  • A. If you have an attorney, your attorney and the claims administrator may agree on a doctor without going through the state system used to pick a QME. The doctor your attorney and the claims administrator agree on is called an agreed medical evaluator (AME). A QME is picked from a list of state-certified doctors issued by the DWC Medical Unit. QME lists are generated randomly. An AME can only be used if you are represented by an attorney. Once you see an AME you are not entitled to see a QME. An AME may be used regardless of the year of injury. An AME physician may be a QME, but does not have to be one.

  • A. In this context, the word panel means a list. A panel QME is a randomly generated list of three QME physicians issued to you when there is a question about whether or not your injury is work related, or if there is a medical dispute that hasn’t been resolved by the treating physician’s report. Whoever fills out the form to request the panel QME chooses the specialty of the doctors on the panel.

  • A. You will receive the panel request form from the claims administrator and are given the first chance to fill out and submit the form. If you do not submit the form within 10 days, the claims administrator will do it for you and will get to choose the specialty of the QME you’ll see.

    (Title 8, California Code of Regulations, section 30, Labor Code sections 139.2(h), 4061(d), 4062(b))

  • A. The basic rule is that you get one. The claims administrator is only required to pay for one QME evaluation. The selected QME can get a consultation from another physician if there is a need for input from more than one medical specialty. However, there are some circumstances where a workers’ compensation administrative law judge, the Division of Workers’ Compensation’s executive medical director or a state information & assistance officer may request an additional panel. In those cases, a panel will be provided.

    (Title 8, California Code of Regulations, section 32 (c), Labor Code sections 5703.5(a), 5703.5(b), 4063.3(i))

  • A. If one or more of the panel QMEs is unavailable to see you within 60 days of receiving the panel, the Medical Unit will replace those QMEs. The Medical Unit will verify that the physicians on the original list are not available before issuing a new panel.

    (Title 8, California Code of Regulations, section 31.5 (a); 33 (c))

  • A. The law requires the Medical Unit to issue panels close to your residence. However, the DWC Medical Unit can issue a panel of QMEs using the ZIP code of your workplace if the claims administrator agrees to this request.

    (Title 8, California Code of Regulations, section 31.5 (b) (2, Labor Code section 139.2 (h))

  • A. If one or more of the panel QMEs is unavailable to see you within 60 days of receiving the panel, the Medical Unit will replace those QMEs. The Medical Unit will verify that the physicians on the original list are not available before issuing a new panel.

    (Title 8, California Code of Regulations, section 31.5 (a); 33 (c))

  • A. Under most circumstances you can choose to wait. However, if the claims administrator is sending you to a QME because they don’t think your injury or illness was caused by work, you cannot wait. This is called seeing a QME to determine AOE/COE, which means determining whether your injury or illness is arising out of and occurring in the course of employment.

    (Title 8, California Code of Regulations, section 33)

  • A. No. The panel is randomly selected through a computer program. All the physicians on the panel have applied to the DWC Medical Unit to be QMEs and have met all the requirements to be a QME. Only the Workers’ Compensation Appeals Board has the authority to determine that a QME is biased or unfair.

  • A. Yes. If you didn’t select a QME from the panel within 10 days of its issue date, the claims administrator has the right to make the selection.

  • A. No. You had the first chance to send in the request form and to select the specialty of the QME. If you failed to make the request within the 10-day deadline, the claims administrator has the right to select the specialty of the panel.

  • A. No. All the physicians on your panel have met the DWC Medical Unit’s requirements to be a QME and are licensed to practice in California. The QME physicians on the panel are randomly selected.

    (Labor Code section 139.2 (a)(1); 139.2(h))

  • A. The Medical Unit will check its records to see if the physician is still an active QME. If not, this QME will be replaced.

  • A. Under these circumstances the DWC Medical Unit will issue a second panel replacing one of the physicians.

    (Title 8, California Code of Regulations, section 31.5 (a) (4))

  • A. Yes. The Medical Unit will issue a new panel closer to your new residence as long as you have not been seen by a QME doctor from the first panel.

    (Title 8, California Code of Regulations, section 31.5 (a)(3))

  • A. Not if you both agree and the treating physician’s final evaluation is adequate. That means that if your case includes some permanent disability, the treating physician’s report must be written correctly to ensure it is “ratable” by the Disability Evaluation Unit.

    (Labor Code sections 4061(d), 4061.5)

  • A. If both you and the claims administrator agree with the treating physician’s report there is no need to attend a QME evaluation.

  • A. The QME has 30 calendar days from the date of the commencement of the exam to issue the report. There are three reasons a physician may request an extension:
    The physician requested you have medical tests and is awaiting results

    The physician requested a consultation and is awaiting the consultant’s report

    The physician has a “good cause” for an extension. A good cause is a medical emergency of the evaluator or the evaluator’s family, death in evaluator’s family, natural disaster or other community catastrophes that interrupt the operation of the evaluator’s office. The computer breaking down or a staff member quitting is not considered good cause. Extensions for good cause may not exceed 15 days from the date the report is required to be served.
    The physician may not request an extension because the claims administrator failed to provide your medical records or past medical tests. If the report is going to be late, the physician must file a time frame extension request with the DWC Medical Unit and send a copy to the claims administrator and to you. This must be filed five days before the report is due. (Title 8, California Code of Regulations, section 38)

  • A. If you don’t have an attorney and permanent disability is the disputed issue, the QME will send a copy of the report to the claims administrator, to the Division of Workers’ Compensation Disability Evaluation Unit (DEU) and to you. The DEU should issue a rating within 20 days. If a rating is not issued within 20 days, you may ask the claims administrator if they would rate the report rather than waiting for the DEU to issue a rating. If you have questions on the rating issued by the claims administrator, you may discuss the rating with a DWC information & assistance officer. Once a rating is obtained, you may begin discussing settlement of your case with the claims administrator. If you have questions on the settlement of your claim or just want to make sure your case is being handled correctly, contact your local DWC information & assistance officer. (Labor Code sections 4062 (c); 4061 (i))
    If you have an attorney and permanent disability is the disputed issue, the QME will send a copy of the report to both your attorney and the attorney for the claims administrator. If a permanent disability rating is required, a copy of the report will be sent to a disability rater by either your attorney or the attorney for the claims administrator. Your attorney should advise you about all the steps in the process.

  • A. The second evaluation should be done by the same QME. The exceptions to this rule are:
    The physician is no longer available

    The physician became the treating physician after performing the QME evaluation

    A workers’ compensation administrative law judge decides you should have a new evaluation with a different QME.
    If any exception applies, you may begin the QME request process again and you will receive a new panel.

    (Labor Code sections 4062.3(j); 4067)

  • A. These records give the QME a history of your injury. The physician’s records indicate the diagnosis and treatment received to date. Test results, such as MRIs, are forwarded so that the QME will not have to duplicate the tests. Medical records about treatment prior to the injury are often sent to help determine how much of the permanent disability is due to this injury and how much may be due to a prior injury or accident. Non-medical records, such as personnel records or films, are sent to provide information regarding the injury to the QME physician.

  • A. The claims administrator receives, on an ongoing basis, all the treating physician’s reports, copies of x-ray results, and may obtain old medical records that relate to the current injury. All these are considered medical records. You do not have the right to object to any medical records being sent to the QME. (Labor Code section 4062.3 (b))

    Non-medical records may include personnel records or films.
    Once you make the QME appointment, the physician has five days to send the QME appointment notification form to the claims administrator advising them of the appointment. The claims administrator is required to send you a copy of everything they plan to send to the QME physician 20 days prior to sending the records to the QME. You are also required to send any information (letters from friends, personal records) you are planning to send to the QME to the claims administrator 20 days before you send it to the QME. Both you and the claims administrator (or your respective attorneys) have 10 days to object to any non-medical records being sent to the QME. There is no form for this objection. Whoever is objecting simply writes a letter to the other party. If either you or the claims administrator does not follow the 20-day rule, the wronged party has the right to cancel the evaluation.


    (Title 8, California Code of Regulations, section 35, Labor Code section 4062.3 (b))

  • A. There are two options:
    You may cancel the appointment, call the claims administrator or treating doctor to obtain the records, and then reschedule the appointment

    You may keep the appointment and have the claims administrator send the records to you and then to the QME after the evaluation. Some QMEs don’t want to do an evaluation without the records, so check with the QME’s office to see if the appointment should be rescheduled.

  • ABOUT THE TREATING PHYSICIAN AS A QME

    A. There are two options:
    You may cancel the appointment, call the claims administrator or treating doctor to obtain the records, and then reschedule the appointment

    You may keep the appointment and have the claims administrator send the records to you and then to the QME after the evaluation. Some QMEs don’t want to do an evaluation without the records, so check with the QME’s office to see if the appointment should be rescheduled.

    About complaints regarding QMEs

    A. Complaints should either be put in writing and sent to the DWC Medical Unit (Attn: Complaint Unit) P.O. Box 420603, San Francisco, CA 94142, or you can make an anonymous complaint by calling the Medical Unit’s hotline at 1-800-999-1041. The Medical Unit prefers to have your name and address or phone number so that it can reach you if there are questions.

  • A. First, the Medical Unit will check to see if the QME requested an extension. If an extension was not requested or if the extension requested was denied, you can continue to wait for the QME report to be issued if you wish. If you don’t want to wait, the Medical Unit will issue a new panel. In this case, either the claims administrator or you should contact the original QME and tell him not to issue his report as his bill will not be paid.

    (Title 8, California Code of Regulations, sections 38, 60 (b) (4), Labor Code section 4062.5)

  • A. The QME should issue the supplemental report within 60 days. Contact the DWC Medical Unit, your attorney or a DWC information & assistance officer for help.
    About complaints regarding QME reports

  • A. If you don’t have an attorney and the DEU summary rating has not been issued, you may write to the QME and ask that he/she issue a supplemental report. Remember that 20 days prior to sending the letter to the QME, you must send a copy to the claims administrator. If a summary rating has already been issued, you have 30 days to file a “Request for Reconsideration of the Summary Rating,” (DEU form 103) asking that the QME issue a supplemental report. Another option is to contact a DWC information & assistance officer and ask for help resolving the problem.

    (Title 8, California Code of Regulations, sections 10164 and 10160, 35, Labor Code section 4062.2 (e, f))

  • A. If your primary treating physician and the QME have differing opinions on your permanent disability and ability to perform your job, and if you agree with the treating physician’s report, while the claims administrator agrees with the QME report, you may either negotiate a compromise with the claims administrator or contact a DWC information & assistance officer to discuss your options.

    (Labor Code sections 4061(d), 4062(a), 4062.9, 4064)
    About complaints regarding permanent disability ratings

  • A. If either you or the claims administrator disagrees with the DEU summary rating, the “Request for Reconsideration of the Summary Rating” must be sent to the DWC administrative director using DEU form 103 within 30 days. There are only four reasons to request reconsideration of the summary rating: The QME failed to address all issues

    The QME failed to completely address all issues

    The DWC Medical Unit’s procedures were not followed by the QME

    The rating was incorrectly calculated.
    If it has been over 30 days since the rating was issued or if the reason you disagree with the rating does not fall into one of the four categories above, contact a DWC information & assistance officer to discuss your options.

    (Title 8, California Code of Regulations, sections 10164)

  • A. If either you or the claims administrator think the QME has not consulted with a physician whose expertise is necessary for a complete and accurate evaluation, you may write to the DWC Medical Unit and request that the DWC Medical Unit direct the evaluator to consult with a physician in an appropriate specialty.