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Common questions

“Who decides what kind of doctor evaluates me?”

The medical specialty of your evaluator is one of the highest-leverage choices in the case, and it is made early — often before anyone tells you it is happening.

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The short answer

The specialty is requested when the panel is requested, and it is one of the most consequential choices in the whole case.

It is also made early, quickly, and often before anyone explains to the injured worker that a choice was being made at all.

On this page

Why specialty decides so much

Different specialties rate the same body part differently, because they use different methods and see different things.

An orthopedist and a neurologist looking at the same low back will not necessarily produce the same impairment. One may rate under the DRE method, the other under range of motion. One may find a neurological deficit the other does not test for.

A pain medicine specialist, a physiatrist, and a psychiatrist each frame a chronic pain case in a way the others would not.

And a specialty that does not match the injury produces a weak report — which hurts whichever side needed the finding.

How it actually gets set

A panel request identifies the specialty being requested. The other party can object, and where the parties disagree, the dispute over specialty is resolved administratively rather than by whoever asked first.

What this means practically: the specialty is negotiable and contestable, but only if someone raises it in time. Unrepresented workers almost never do, because nothing in the process says this is a decision.

What to think about before the panel is requested

Which body parts and systems are actually involved? A shoulder plus a neck plus numbness in the hand is not purely orthopedic.

Is there a psychiatric component? If so, it usually needs its own evaluation, and whether it is ratable depends on § 4660.1(c) and its violent-act and catastrophic-injury exceptions. How that works.

Is there internal or occupational disease involvement? Chemical exposure, hearing loss, and cardiac and pulmonary conditions all need specialists who evaluate them routinely.

And is an AMEAME Agreed Medical Evaluator. A physician both sides agree on. Available only to represented workers, and practically very hard to move away from. possible instead? If you are represented, an agreed medical evaluator is chosen jointly and can be a better route entirely. What an AME is.

Doctors, exams, and records

Who examines you, who chooses, and what the report has to say.

Common Questions

Sources

Labor Code § 4062.2 (panel process in represented cases)§ 4062.1 (unrepresented)§ 4060, § 4061, § 4062 (evaluations and objections)§ 4660.1(c) (psychiatric add-on and its exceptions)8 CCR § 30, § 31, § 31.1 (panel requests and specialty designation)8 CCR § 9785 (treating physician reporting).

General information about California law, not legal advice about your case.

Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/can-i-choose-the-qme-specialty/ · Last reviewed

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If the wrong specialty was already assigned

It is not automatically the end. A report from a specialty that cannot properly assess your injury is vulnerable — it may not be substantial evidenceSubstantial evidence The standard a medical opinion must meet to support a finding. on the issues it was not equipped to address, and additional evaluation in the right specialty may be available.

Say the mismatch out loud, early, in writing. A concern raised before the exam is a different thing from a complaint after an unfavorable report.

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