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The difference that matters
| What differs | QME panel | AME |
|---|---|---|
| How chosen | Random three-name panel from the state, by specialty | Both sides agree on one physician |
| Available to | Everyone | Represented workers only |
| Speed | Panel request, strike process, scheduling — often months | Usually faster once agreed |
| Predictability | You get who you get | You know the physician’s history |
| Weight | Substantial evidence like any report | Practically, an AME report is very hard to move away from |
The real trade-off
An AME’s opinion is, as a practical matter, close to binding. Both sides chose the physician, so both sides have a hard time later arguing the physician was wrong. That cuts both ways.
When an AME is usually good for a worker: where the medical picture is strong and clear, where speed matters, where the alternative is a long panel fight, and where the agreed physician has a record of thorough, well-reasoned reports.
When it is usually not: where the medical picture is complicated or contested, where apportionmentApportionment Dividing permanent disability between industrial and non-industrial causes. It is to disability, not to findings on an image. is the central issue, where the defense is pushing hard for a particular name, and — always — where nobody on your side actually knows the physician’s work.
The single most important thing about an AME is that it depends entirely on knowing who the physician is. An unrepresented worker has no way to know, which is one reason the statute limits AMEs to represented workers.
And note: agreeing to an AME on one issue does not necessarily mean agreeing on all of them, and in a case with multiple specialties there may be more than one evaluator.
The QME route, briefly
Panel requests, specialty selection, and the strike process run on short deadlines, and missing one can cost you the choice of specialty entirely — which is frequently the most consequential decision in the medical development of the case.
How the QME process works, step by step.
Either way
Prepare for the examination. Bring a written list of every body part, every symptom, and what you cannot do at home, not just at work — several impairment methods are driven by activities of daily living.
Describe your limits accurately, including the good days.
Bring a certified interpreter if you need one — at the employer’s expense, and never a family member. Your interpreter rights.
And read the report when it comes. What to check.
Doctors, exams, and records
Who examines you, who chooses, and what the report has to say.
Sources
Labor Code § 4062.2 (represented cases — agreed medical evaluator, and the panel process where no agreement is reached)§ 4062.1 (unrepresented cases)§ 4061, § 4062 (objections that trigger evaluation)8 CCR § 31 et seq. (QME regulations).
General information about California law, not legal advice about your case.
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/what-is-an-ame/ · Last reviewed