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]
This section shall not apply to the employee’s dispute of a utilization review decision under Section 4610, nor to the employee’s dispute of the medical provider network treating physician’s diagnosis or treatment recommendations under Sections 4616.3 and 4616.4. (a) Together with the last payment of temporary disability indemnity, the employer shall, in a form prescribed by the administrative director pursuant to Section 138.4, provide the employee one of the following: (1) Notice either that no permanent disability indemnity will be paid because the employer alleges the employee has no permanent impairment or limitations resulting from the injury or notice of the amount of permanent disability indemnity determined by the employer to be payable. If the employer determines permanent disability indemnity is payable, the employer shall advise the employee of the amount determined payable and the basis on which the determination was made, whether there is need for future medical care, and whether an indemnity payment will be deferred pursuant to paragraph (2) of subdivision (b) of Section 4650. (2) Notice that permanent disability indemnity may be or is payable, but that the amount cannot be determined because the employee’s medical condition is not yet permanent and stationary. The notice shall advise the employee that his or her medical condition will be monitored until it is permanent and stationary, at which time the necessary evaluation will be performed to determine the existence and extent of permanent impairment and limitations for the purpose of rating permanent disability and to determine whether there will be the need for future medical care, or at which time the employer will advise the employee of the amount of permanent disability indemnity the employer has determined to be payable. (b) If either the employee or employer objects to a medical determination made by the treating physician concerning the existence or extent of permanent impairment and limitations or the need for future medical care, and the employee is represented by an attorney, a medical evaluation to determine permanent disability shall be obtained as provided in Section 4062.2. (c) If either the employee or employer objects to a medical determination made by the treating physician concerning the existence or extent of permanent impairment and limitations or the need for future medical care, and if the employee is not represented by an attorney, the employer shall immediately provide the employee with a form prescribed by the medical director with which to request assignment of a panel of three qualified medical evaluators. Either party may request a comprehensive medical evaluation to determine permanent disability or the need for future medical care, and the evaluation shall be obtained only by the procedure provided in Section 4062.1. (d) (1) Within 30 days of receipt of a report from a qualified medical evaluator who has evaluated an unrepresented employee, the unrepresented employee or the employer may each request one supplemental report seeking correction of factual errors in the report. Any of these requests shall be made in writing. A request made by the employer shall be provided to the employee, and a request made by the employee shall be provided to the employer, insurance carrier, or claims administrator at the time the request is sent to the evaluator. A request for correction that is made by the employer shall also inform the employee of the availability of information and assistance officers to assist him or her in responding to the request, if necessary. (2) The permanent disability rating procedure set forth in subdivision (e) shall not be invoked by the unrepresented employee or the employer when a request for correction pursuant to paragraph (1) is pending. (e) The qualified medical evaluator who has evaluated an unrepresented employee shall serve the comprehensive medical evaluation and the summary form on the employee, employer, and the administrative director. The unrepresented employee or the employer may submit the treating physician’s evaluation for the calculation of a permanent disability rating. Within 20 days of receipt of the comprehensive medical evaluation, the administrative director shall calculate the permanent disability rating according to Section 4660 or 4660.1, as applicable, and serve the rating on the employee and employer. (f) Any comprehensive medical evaluation concerning an unrepresented employee which indicates that part or all of an employee’s permanent impairment or limitations may be subject to apportionment pursuant to Sections 4663 and 4664 shall first be submitted by the administrative director to a workers’ compensation judge who may refer the report back to the qualified medical evaluator for correction or clarification if the judge determines the proposed apportionment is inconsistent with the law. (g) Within 30 days of receipt of the rating, if the employee is unrepresented, the employee or employer may request that the administrative director reconsider the recommended rating or obtain additional information from the treating physician or medical evaluator to address issues not addressed or not completely addressed in the original comprehensive medical evaluation or not prepared in accord with the procedures promulgated under paragraph (2) or (3) of subdivision (j) of Section 139.2. This request shall be in writing, shall specify the reasons the rating should be reconsidered, and shall be served on the other party. If the administrative director finds the comprehensive medical evaluation is not complete or not in compliance with the required procedures, the administrative director shall return the report to the treating physician or qualified medical evaluator for appropriate action as the administrative director instructs. Upon receipt of the treating physician’s or qualified medical evaluator’s final comprehensive medical evaluation and summary form, the administrative director shall recalculate the permanent disability rating according to Section 4660 or 4660.1, as applicable, and serve the rating, the comprehensive medical evaluation, and the summary form on the employee and employer. (h) (1) If a comprehensive medical evaluation from the treating physician or an agreed medical evaluator or a qualified medical evaluator selected from a three-member panel resolves any issue so as to require an employer to provide compensation, the employer shall commence the payment of compensation, except as provided pursuant to paragraph (2) of subdivision (b) of Section 4650, or promptly commence proceedings before the appeals board to resolve the dispute. (2) If the employee and employer agree to a stipulated findings and award as provided under Section 5702 or to compromise and release the claim under Chapter 2 (commencing with Section 5000) of Part 3, or if the employee wishes to commute the award under Chapter 3 (commencing with Section 5100) of Part 3, the appeals board shall first determine whether the agreement or commutation is in the best interests of the employee and whether the proper procedures have been followed in determining the permanent disability rating. The administrative director shall promulgate a form to notify the employee, at the time of service of any rating under this section, of the options specified in this subdivision, the potential advantages and disadvantages of each option, and the procedure for disputing the rating. (i) No issue relating to a dispute over the existence or extent of permanent impairment and limitations resulting from the injury may be the subject of a declaration of readiness to proceed unless there has first been a medical evaluation by a treating physician and by either an agreed or qualified medical evaluator. With the exception of an evaluation or evaluations prepared by the treating physician or physicians, no evaluation of permanent impairment and limitations resulting from the injury shall be obtained, except in accordance with Section 4062.1 or 4062.2. Evaluations obtained in violation of this prohibition shall not be admissible in any proceeding before the appeals board.
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.
- ADJ10598940 · 2026-04-10 · Fresno District Office§ 4061
Determinative passage · p.7the "medical necessity" of the proposed treatment. (§ 4610.5(c)(2), (c)(3), (k), 4610.6(a), (c), (e).) (Dubon v. World Restoration (2014) 79 Cal.Comp.Cases 1298, 1304-1305 (Appeals Board en banc) (Dubon II).) In Dubon II, the Appeals Board held that while the WCAB may determine whether a UR decision was timely, it may not determine any dispute over whether a specific item of treatment is reasonable or necessary if there is a timely UR decision. (Dubon II, supra, 79 Cal.Comp.Cases 1298, 1309 ff.) Furthermore, section 4061, the Labor Code section pursuant to which petitioner requested QME Panel number 7404253, "shall not apply to the employee's dispute of a utilization review decision under Section 4610, nor to the employee's dispute of the medical provider network treating physician's diagnosis or treatment recommendations under Sections 4616.3 and 4616.4." (Lab.
QME Panel 7404253 could not be used to dispute UR decisions, limiting its validity and WCAB jurisdiction.
Official decision · page 7 → - ADJ16089982 · 2026-02-13 · Santa Ana District Office§ 4061
Determinative passage · p.11Accordingly, we concur with the WCJ's determination that the reports of Michael Einbund, M.D., Rosabel Young, M.D., Michael Wells, M.D., and Koruon Daldalyan, M.D., are admissible in proceedings before the WCAB, and may further be submitted for review by the appropriately selected panel QMEs in this matter. We express no opinion as to the evidentiary weight the reports should be accorded, either by the QMEs selected by the parties pursuant to current section 4060 and 4062.2, or by the WCJ.
The panel found that applicant's self-procured reports were obtained prior to the parties' selection of QMEs under current law and were not solely for rebuttal, thus admissible.
Official decision · page 11 → - ADJ13810218 · 2026-01-20 · Riverside District Office§ 4061
Determinative passage · p.3Labor Code sections 5001 and 5002 require that all settlements of workers' compensation cases be approved by a WCJ or the Appeals Board. Thus, a WCJ must individually consider the adequacy of each settlement before approval. If the WCJ determines that the settlement should not be approved for any reason, they may set a hearing, have the parties personally appear, and create an evidentiary record. (Cal. Code Regs., tit. 8, § 10700.) Furthermore, Labor Code section 4061(h)(2) requires the WCAB to determine if a settlement agreement is in the best interest of the employee.
Requires the WCAB to determine if a settlement agreement is in the best interest of the employee.
Official decision · page 3 → - ADJ19266826 · 2026-01-09 · Long Beach District Office§ 4061
Determinative passage · p.6(2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584].) "When there are disputes about the appropriate medical treatment, temporary or permanent disability, vocational rehabilitation, the disability rating, or the need for continuing medical care, Labor Code section 4061 or 4062 applies. [Citations.] Sections 4061 and 4062 of the Labor Code establish the procedures for resolving such disagreements." (Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (2000) 80 Cal.App.4th 1041, 1048, citing Keulen v. Workers' Comp. Appeals Bd. (1998) 66 Cal.App.4th 1089, 1096.) Section 4061, subdivision (b), provides: (b) If either the employee or employer objects to a medical determination made by the treating physician concerning the existence or extent of permanent impairment and limitations or the need for future medical care, and the employee is represented by an attorney, a medical evaluation to determine permanent disability shall be obtained as provided in Section 4062.2. (Lab. Code, § 4061(b).) Section 4062, subdivision (a), provides, in pertinent part:
Applicant's objection letter met the requirements of section 4061, entitling her to a QME panel under section 4062.2, invalidating the WCJ's contrary finding.
Official decision · page 6 → - ADJ2755694 · 2025-10-15 · Los Angeles District Office§ 4061
Determinative passage · p.5We first address the issue of the admissibility of the July 14, 2014 reporting of applicant's QME Dr. Miller. Defendant challenges the admissibility of the report as not having been obtained pursuant to the requirements of sections 4061 or 4062. (Opinion on Decision, at p. 3.) Accordingly, the parties placed in issue the admissibility and weight of the reporting of Dr. Miller at trial. (Minutes of Hearing, dated August 27, 2018, at pp. 3:14; 4:6; 4:23.) The WCJ observed that sections 4061 and 4062 required a party to object to a treating physician report prior to obtaining a QME. (Opinion on Decision, at p. 3.) Here, the record reflected no objection to a treating physician report, leading the WCJ to conclude that the reporting had been obtained outside the requirements of section 4061 or 4062.
The WCJ initially excluded Dr. Miller's report for lack of objection under these sections but later found the report admissible under section 4060 due to compensability dispute.
Official decision · page 5 → - ADJ12202677 · 2025-06-18 · Anaheim District Office§ 4061
Determinative passage · p.8However, defendant filed a DOR on November 7, 2024. At trial, the issue of permanent disability was submitted. Yet, there is no QME or agreed medical evaluator (AME) in psychology or psychiatry in violation of section 4061(i). Although the dissenting panelist appears to place responsibility for the failure to obtain such medical-legal reporting on applicant, it is defendant who filed the DOR without proceeding to a QME or AME and without a stipulation by applicant that she was not claiming permanent disability. Section 4061(i) clearly requires that the parties proceed to a medical-legal evaluation before a DOR is filed, and a defendant may not use an applicant's lack of diligence as an excuse to circumvent this statutory requirement.
Applied to require QME evaluation for psychiatric injury before trial and DOR filing.
Official decision · page 8 → - ADJ18027061 · 2025-06-10 · Sacramento District Office§ 4061
Determinative passage · p.8The Appeals Board is broadly authorized to consider "[r]eports of attending or examining physicians." (Lab. Code, § 5703(a); Valdez v. Workers' Comp. Appeals Bd. (2013) 57 Cal.4th 1231, 1239 [78 Cal.Comp.Cases 1209].) Section 4064(d) provides that no party is prohibited from obtaining any medical evaluation or consultation at the party's own expense, and that all comprehensive medical evaluations obtained by any party shall be admissible in any proceeding before the appeals board except as provided in specified statutes. (Lab. Code, § 4064(d); Valdez, supra, at p. 1239.) Section 4062.3(a) further provides that any party may provide to the QME, subject to the restrictions set forth in the statute, any records prepared or maintained by the employee's treating physician or physicians and medical and nonmedical records relevant to determination of the medical issue. (Lab. Code, § 4062.3(a).) Moreover, section 4061(i) specifically provides for the admissibility of treating physician reporting in proceedings before the WCAB regarding the existence of extent of permanent impairment. (Lab. Code, § 4061(i).)
Supports admissibility of treating physician reports in WCAB proceedings.
Official decision · page 8 → - ADJ1405392 · 2025-05-16 · Van Nuys District Office§ 4061
Determinative passage · p.2II. In Valdez v. Workers' Comp. Appeals Bd., the California Supreme Court analyzed the admissibility of medical reports in workers' compensation proceedings and opined in pertinent part: [T]he comprehensive medical evaluation process set out in section 4060 et seq. for the purpose of resolving disputes over compensability does not limit the admissibility of medical reports.... Under section 4064, subdivision (d), "no party is prohibited from obtaining any medical evaluation or consultation at the party's own expense," and "[a]ll comprehensive medical evaluations obtained by any party shall be admissible in any proceeding before the appeals board..." except as provided in specified statutes. The Board is, in general, broadly authorized to consider "[r]eports of attending or examining physicians." (§ 5703, subd. (a).)
The Board admitted Dr. Gonzalez's reports and found them substantial evidence.
Official decision · page 2 →
All 26 decisions naming § 4061 →
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 § 4061as what they implement.
- 8 CCR § 1Definitions.
- 8 CCR § 10Appointment of QMEs.
- 8 CCR § 10.1The Application for Appointment as Qualified Medical Evaluator Form. [Repealed]repealed
- 8 CCR § 10.2The QME Fee Assessment Notice Form.
- 8 CCR § 11.5Disability Evaluation Report Writing Course.
- 8 CCR § 13.5Chiropractic Certification in Workers' Compensation Evaluation. [Repealed]repealed
- 8 CCR § 13.7Appointment of Retired or Teaching Physicians. [Repealed]repealed
- 8 CCR § 20Time Periods.
- 8 CCR § 29Specified Financial Interests That May Affect Assignment to QME Panels.
- 8 CCR § 30QME Panel Requests.
- 8 CCR § 30.1The Request for Qualified Medical Evaluator Form. (Repealed)repealed
- 8 CCR § 30.2The Request for Qualified Medical Evaluator Instruction Form. [Repealed]repealed
- 8 CCR § 30.5Specialist Designation.
- 8 CCR § 31QME Panel Selection.
- 8 CCR § 31.1QME Panel Selection Disputes in Represented Cases.
- 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 § 32.5[Reserved]repealed
- 8 CCR § 32.6Additional QME Evaluations Ordered by the Appeals Board.
- 8 CCR § 32.7Rebuttal QME Examinations. [Renumbered]repealed
- 8 CCR § 33Unavailability of QME.
- 8 CCR § 33.1The Notice of QME Unavailability Form. [Repealed]repealed
- 8 CCR § 34Appointment Notification and Cancellation.
- 8 CCR § 34.1The Appointment Notification Form. [Repealed]repealed
- 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 § 36.1The Qualified or Agreed Medical Evaluator's Findings Summary Form.repealed
- 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 § 37Request for Factual Correction of a Comprehensive Medical-Legal Report from a Panel QME.
- 8 CCR § 38Medical Evaluation Time Frames; Extensions for QMEs and AMEs.
- 8 CCR § 38.1The QME and AME Time Frame Extension Request Form. [Repealed]repealed
- 8 CCR § 38.2"The Time Extension Approval" Form. [Repealed]repealed
- 8 CCR § 38.3The "Denial of Time Extension" Form. [Repealed]repealed
- 8 CCR § 38.4TThe "Notice of Late QME Report" Form. [Repealed]repealed
- 8 CCR § 39Destruction of Records by the Medical Director.
- 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 § 42Disciplinary Proceedings. [Repealed]repealed
- 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 § 46.11 Guidelines for the Evaluation of Foot and Ankle Disability.
- 8 CCR § 46.3Remote Health Medical-Legal Evaluations.
- 8 CCR § 47Method of Evaluation of Immunologic Disability.
- 8 CCR § 48QME Ethical Guidelines. [Repealed]repealed
- 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 § 114The Denial of Time Extension Form. [Reserved]repealed
- 8 CCR § 115The Notice of Late Qualified Medical Evaluator Report Form. [Reserved]repealed
- 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 § 9785Reporting Duties of the Primary Treating Physician.
- 8 CCR § 10101Claim File--Contents.
- 8 CCR § 10101.1Claim File--Contents.
- 8 CCR § 10102Retention of Claim Files.
- 8 CCR § 10109Duty to Conduct Investigation; Duty of Good Faith.
- 8 CCR § 10111Schedule of Administrative Penalties for injuries on or after January 1, 1990, but before January 1, 1994.
- 8 CCR § 10111.1Schedule of Administrative Penalties for Injuries on or After January 1, 1994.
- 8 CCR § 10111.2Full Compliance Audit Penalty Schedules; Target Audit Penalty Schedule.
- 8 CCR § 10150Authority.
- 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 § 10151Filing Requirements.
- 8 CCR § 10151.1Electronic Filing Exemption.
- 8 CCR § 10152Disability, When Considered Permanent.
- 8 CCR § 10154Permanent Disability Rating Determinations, Kinds.repealed
- 8 CCR § 10156Formal Rating Determinations.
- 8 CCR § 10158Formal Rating Determinations As Evidence.
- 8 CCR § 10159Time Period for Issuing a Summary Rating Determination Pursuant to Labor Code § 4061(e).
- 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 § 10162Summary Rating Determinations, Apportionment.
- 8 CCR § 10163Apportionment Referral.
- 8 CCR § 10164Summary Rating Determinations, Reconsideration if Employee is Unrepresented.
- 8 CCR § 10165Service of Summary Rating Determination and Notice of Options Following Permanent Disability Rating.
- 8 CCR § 10165.5Notice of Options Following Disability Rating (DEU Form 110).
- 8 CCR § 10167Informal Ratings.
- 8 CCR § 10168Records, Destruction of. [Repealed]repealed
- 8 CCR § 10451.2Determination of Medical Treatment Disputes. [Repealed]repealed
- 8 CCR § 10606Physicians' Reports as Evidence. [Renumbered]repealed
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 § 4061
What is California Labor Code § 4061?
Labor Code § 4061 sits in ARTICLE 2. Determination of Medical Issues [4060 - 4068]. The statute on this page begins: This section shall not apply to the employee’s dispute of a utilization review decision under Section 4610, nor to the employee’s dispute. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4061 in this corpus?
This corpus has 26 released decisions whose extracted legal standards named § 4061. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.