California Labor Code § 4605

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.

• ADJ19297551 · 2025-08-11 · San Francisco District Office§ 4605

  Determinative passage · p.12Lastly, section 4605 provides: Nothing contained in this chapter shall limit the right of the employee to provide, at his or her own expense, a consulting physician or any attending physicians whom he or she desires. Any report prepared by consulting or attending physicians pursuant to this section shall not be the sole basis of an award of compensation. A qualified medical evaluator or authorized treating physician shall address any report procured pursuant to this section and shall indicate whether he or she agrees or disagrees with the findings or opinions stated in the report, and shall identify the bases for this opinion. (Lab. Code, § 4605.) Here, we have concluded that Dr. Tarin's medical report is relevant to the issue and must be provided to Dr. Bressler under section 4062.3(a)(2). We note that the application of section 4605 is more significant in the context of whether reporting by a consulting physician may be the basis for an award. Here the issue is causation, not permanent disability, but we observe that the language of section 4605 also supports a conclusion that the QME should review the reporting. Accordingly, we grant applicant's Petition, rescind the WCJ's May 9, 2025 F&O, and issue a new decision ordering that Dr. Tarin's report be provided to QME Dr. Bressler.

  The Appeals Board noted that section 4605 supports the conclusion that the QME should review Dr. Tarin's consulting physician report.

  Official decision · page 12 →
• ADJ16773219 · 2025-06-03 · Oakland District Office§ 4605

  Determinative passage · p.11Section 4605 permits the admission of a report by a consulting or attending physician, and section 4061, subdivision (i) permits the admission of an evaluation prepared by a treating physician. Neither section permits the admission of a report by an expert who is retained solely for the purpose of rebutting the opinion of the panel qualified medical expert's opinion. (Ibid.)

  Dr. Granado's reports inadmissible as they were for rebuttal, not treatment.

  Official decision · page 11 →
• ADJ1405392 · 2025-05-16 · Van Nuys District Office§ 4605

  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 →
• ADJ10202584 · 2024-08-23 · Van Nuys District Office§ 4605

  Determinative passage · p.13not serve to bar the new issue of whether a previously awarded injury to the psyche caused sequelae that subsequently resulted in applicant's death, these doctrines do appear to [undermine] defendant's arguments that question whether the reports of Dr. Lamm are admissible or can be used as a legally sufficient basis to support an award of compensable injury, when her reports have previously been used to establish a now-final award of injury to the psyche. Dr. Lamm was not a consulting physician merely obtained pursuant to Labor Code § 4605; as explained in the prior Findings and Award of May 19, 2023, she was...a treating physician for applicant's previouslydenied injury to the psyche. As a treating physician, Dr. Lamm properly requested an internal medicine consult, which was then obtained through Dr. Pietruszka and properly reviewed by Dr. Lamm. To the extent that Dr.

  The reports of Dr. Lamm and Dr. Pietruszka were considered in light of LC 4605, with Dr. Lamm as treating physician properly reviewing Dr. Pietruszka's consulting opinion.

  Official decision · page 13 →
• ADJ17527839 · 2024-08-19 · Los Angeles District Office§ 4605

  Determinative passage · p.6The Court found defendant's strike of Dr. Arbi Mizaians was timely and therefore defendant is not liable for the cost of reports issued by Dr. Arbi Mizaians. However, the Court also found pursuant to Labor Code 4605 applicant has the right to obtain medical reporting, at his or her own expense, of a consulting physician or any attending physicians whom he or she desires; and therefore, Dr. Arbi Mizaians medical reporting was found to be admissible and may be relied upon to issue a final finding subject to the reporting meeting the substantial medical evidence threshold. Following review of all the evidence the Court found sanctions under Labor Code 5813 are not warranted at this time, and Ordered the matter off calendar. In response Defendant filed the pending Petition for Reconsideration and in the alternative Petition for Removal.

  Applied to find Dr. Arbi Mizaians' medical report admissible as self-procured medical reporting.

  Official decision · page 6 →
• ADJ10385820 · 2024-01-02 · San Diego District Office§ 4605

  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 →
• ADJ10884813 · 2023-10-20 · Los Angeles District Office§ 4605

  Determinative passage · p.5Labor Code section 4605 states: Nothing contained in this chapter shall limit the right of the employee to provide, at his or her own expense, a consulting physician or any attending physicians whom he or she desires. Any report prepared by consulting or attending physicians pursuant to this section shall not be the sole basis of an award of compensation. A qualified medical evaluator or authorized treating physician shall address any report procured pursuant to this section and shall indicate whether he or she agrees or disagrees with the findings or opinions stated in the report, and shall identify the bases for this opinion.

  Allows employees to provide their own consulting physicians at their own expense and requires QME or PTP to address such reports.

  Official decision · page 5 →
• ADJ2130320 · 2022-04-19 · Los Angeles District Office§ 4605

  Determinative passage · p.4Labor Code section 4605 provides that the applicant may self-procure reports by a "consulting or attending physician," at their own expense, but Labor Code section 4605 may not be used to supplant the medical-legal process. Thus, Dr. Rahimi is not entitled to reimbursement for services provided.

  Applicant may self-procure reports at own expense but not supplant medical-legal process.

  Official decision · page 4 →