QME Report Has Errors? What California Workers Should Save

A QME report can be thirty pages long and still get a basic fact wrong.

Maybe it lists the wrong injury date. Maybe it says you lift 20 pounds when your job requires 80. Maybe it leaves out a body part, a surgery, recent imaging, a work restriction, or a statement you remember making during the exam.

Those errors do not all have the same remedy. A typo is different from a missing medical issue. Both are different from disagreeing with the evaluator's opinion about causation, maximum medical improvement, work restrictions, apportionment, or permanent disability.

What matters first is preserving the report, identifying the exact problem, and avoiding an improper one-sided communication with the evaluator.

This article provides general information, not legal or medical advice. QME and AME procedures depend on whether the worker is represented, the type of evaluator and report, the disputed issue, whether a Disability Evaluation Unit rating exists, and applicable deadlines. Review the actual notices and get advice about the specific claim.

Read the QME Report as Soon as It Arrives

Do not let the report sit in an unopened envelope or claims portal.

DWC's April 2024 QME fact sheet tells injured workers to read the report immediately and says they have 30 days from receipt to decide whether they agree or need more information. That general guidance is a reason to move promptly, not a substitute for identifying the exact procedure that applies.

Save:

• the complete report, including attachments and declaration pages;
• the envelope, email, portal notice, or proof showing when it arrived;
• the cover letter and service list;
• any summary rating or Disability Evaluation Unit notice;
• the original appointment notice;
• earlier letters about the medical dispute;
• your notes from the examination;
• the records list or index sent to the evaluator.

The received date matters. Write it down without changing the original document.

Separate a Fact Error From a Medical Opinion

Start by classifying the problem.

Possible factual errors

Examples may include:

• wrong injury date or cumulative-trauma period;
• incorrect employer, occupation, or work location;
• inaccurate job duties or physical demands;
• wrong side of the body;
• a body part identified incorrectly;
• a surgery, injection, test, or treatment listed incorrectly;
• medication attributed to the wrong condition;
• a statement placed in quotation marks that you did not make;
• incorrect prior-injury or work-history facts;
• the wrong date for return to work or modified duty.

Missing or incomplete issues

The report may:

• omit a claimed body part;
• fail to discuss a disputed medical issue;
• leave out a treating report or imaging study;
• identify a record as reviewed but never discuss it;
• fail to explain a work restriction;
• omit future medical care, disability status, causation, or apportionment analysis that was supposed to be addressed.

Medical disagreements

You may agree that the report states the history accurately but disagree with the evaluator's conclusions about:

• whether the injury is work-related;
• whether you have reached MMI or permanent and stationary status;
• temporary or permanent work restrictions;
• permanent impairment;
• apportionment between work and non-work causes;
• need for future medical care;
• ability to return to the usual job.

Calling a medical opinion a “factual typo” does not make it one. The response may involve a supplemental report, deposition, objection, rating issue, negotiation, or WCAB proceeding depending on the case.

Build a Line-by-Line Error Chart

Do not write “the whole report is wrong.” Make the problem reviewable.

For each issue, record:

1. Report page: where the statement appears.
2. Exact wording: quote the sentence without editing it.
3. Problem type: fact error, missing issue, missing record, unclear reasoning, or medical disagreement.
4. Accurate information: state the correction briefly and neutrally.
5. Supporting source: identify the existing record, job description, work-status slip, imaging report, or exam note that supports it.
6. Why it may matter: body part, causation, disability, restrictions, apportionment, treatment, or rating.

Example:

• Page 8: Report says the worker returned to regular duty on March 1.
• Correction claimed: The employer's March 1 letter offered modified duty with lifting restrictions.
• Existing support: Employer letter and treating-doctor work-status slip dated February 28.
• Possible significance: The report's work-history summary may not reflect the actual restrictions.

Keep the chart as a working document. Do not automatically send it to the QME.

Compare the Report With the Records List

Labor Code section 4062.3 requires a formal medical evaluator to identify all information received, reviewed, and relied upon in forming the opinion. Title 8 section 35 also governs the exchange of medical and non-medical information with an evaluator.

Compare the report's records section with:

• the records log sent before the exam;
• treating physician reports;
• imaging and laboratory reports;
• surgery or procedure records;
• physical therapy records;
• work-status slips;
• job descriptions and modified-duty offers;
• DWC-1 claim forms and letters identifying disputed body parts;
• UR and IMR documents when relevant;
• prior medical records actually provided.

Use precise labels:

• Not listed: the report does not identify the record.
• Listed but not discussed: the report names it but does not address the point you expected.
• Discussed inaccurately: the report describes the document in a way that appears inconsistent with its text.
• Created later: the record did not exist when the QME prepared the report.

A record created later is not proof the evaluator ignored it. Dates matter.

Our guide on what injured workers should save while waiting for a QME explains how to preserve the packet before the report is written.

Compare the Report With Your Exam Notes

Review the notes you made immediately after the examination. Look for differences involving:

• symptoms discussed;
• body parts examined;
• physical tests performed;
• interpreter use;
• time spent with the evaluator;
• prior injuries discussed;
• job-duty descriptions;
• statements about work ability;
• documents you were asked to review or sign.

Your notes do not automatically override the physician's report. They preserve your contemporaneous recollection so the disagreement can be evaluated later.

Do not recreate “same-day notes” weeks later and label them as contemporaneous. If you prepare a later comparison, date it honestly.

If you are preparing for an upcoming evaluation, read our QME and AME exam documentation guide.

Do Not Call the QME to Argue About the Report

Labor Code section 4062.3 and Title 8 section 35 regulate communications with QMEs and AMEs. Substantive communications generally must be in writing and served on the opposing party as required. Improper ex parte communication can create serious procedural consequences.

Do not independently call, email, message, or visit the QME to:

• debate causation;
• supply a new version of events;
• argue about disability or apportionment;
• send selected records;
• demand a changed opinion;
• accuse the evaluator of dishonesty.

The rules distinguish substantive communications from nonsubstantive matters such as scheduling, missed appointments, furnishing records, and report availability. But even an administrative call can drift into substance quickly.

If you have an attorney, route the issue through the attorney. If you are unrepresented, use the procedure that applies and consider contacting a DWC Information and Assistance officer before sending anything.

Title 8 Section 37 Provides a Narrow Factual-Correction Process

California Code of Regulations, Title 8, section 37 describes a specific factual-correction process. It is not a universal “fix my QME report” form.

The rule applies to an unrepresented employee or the claims administrator requesting factual correction within 30 days after receiving a comprehensive medical-legal report from a panel QME that must be filed with the Disability Evaluation Unit under the circumstances described by the rule.

The process uses QME Form 37 and requires service on the panel QME, the other party, and the appropriate DEU office. Section 37 also says the request must identify facts to be corrected and that no other documents may be filed with the QME through that factual-correction request. The QME then addresses whether correction is necessary and whether it changes the opinions in the report.

That narrow process may not fit when:

• the worker is represented;
• the evaluator is an AME;
• the report is not the type covered by section 37;
• the issue is a medical opinion rather than a fact;
• new records need review;
• the dispute concerns an omitted medical issue;
• a summary rating or other procedural step has already occurred.

Do not assume Form 37 is the answer just because the report contains something you dislike.

An Incomplete Report May Require a Different Path

DWC's injured-worker FAQ addresses a different problem: a QME who did not address all medical issues.

For an unrepresented worker before a DEU summary rating has issued, DWC says the worker may ask the QME for a supplemental report, but must send the claims administrator a copy of the proposed letter 20 days before sending it to the QME. If a summary rating has already issued, DWC describes a 30-day Request for Reconsideration of the Summary Rating using DEU Form 103 in specified circumstances.

That is not the same as the narrow factual-correction process under section 37.

DWC also says requested supplemental reports generally should issue within 60 days. Title 8 section 38 contains the supplemental-report timetable and separately excludes factual-correction requests under section 37 from that ordinary timetable.

The correct path depends on what is wrong and what has already happened in the claim.

Check Whether the Report Covers the Expected Medical Elements

Title 8 section 10682 lists information medical reports should include where applicable. It includes:

• examination date;
• injury history;
• patient complaints;
• information received and relied upon;
• medical history;
• examination findings;
• diagnosis;
• disability and work limitations;
• cause of disability;
• past, continuing, and future medical care;
• permanent disability and stationary status;
• apportionment;
• reasons for the opinions;
• physician signature.

A missing heading does not automatically invalidate a report. Section 10682 says compliance issues may affect the weight of the evidence rather than automatically making the report inadmissible.

Use the list to identify questions for review, not to announce that the report is legally void.

Preserve What the QME Report May Affect

A QME error matters most when it reaches another part of the claim.

Save documents showing any effect on:

• temporary disability payments;
• work restrictions or return-to-work status;
• modified-duty offers;
• permanent disability rating;
• MMI or permanent and stationary status;
• future medical care;
• accepted or disputed body parts;
• apportionment;
• settlement communications;
• treatment scheduling or denial notices.

For example, if the report says you can return to regular work and the claims administrator stops temporary disability, save the report, payment notice, check history, treating-doctor restrictions, employer offer, schedule, and communications. Do not rely on the QME report alone to tell the entire sequence.

If the report declares you permanent and stationary, our California MMI and permanent-and-stationary guide explains why restrictions and future-care language matter.

Do Not Alter or Curate the File

Keep the report exactly as received.

Do not:

• edit the PDF;
• delete pages;
• add highlights to the only copy;
• change metadata or filenames on the original;
• discard records that appear unfavorable;
• send the evaluator only documents that support your position;
• ask a provider to rewrite history.

Save an untouched original. Make a separate working copy for highlights and notes. If an underlying treating record is wrong, preserve the original and ask the provider about its formal correction or amendment process.

Credibility is not built by making every document perfect. It is built by preserving what actually existed and identifying disagreements accurately.

QME Report Review Checklist

Create one folder containing:

• complete QME or AME report;
• receipt date proof;
• appointment and service notices;
• records log;
• records actually sent;
• treating reports and work-status slips;
• imaging, surgery, therapy, and testing records;
• job description and modified-duty offers;
• same-day exam notes;
• line-by-line error chart;
• DEU summary rating if issued;
• Form 37, Form 103, supplemental-report request, or objection documents if used;
• every response and proof of service;
• notices showing changes to treatment, work status, TD, PD, or settlement discussions.

Do not use the checklist to decide the procedure by yourself. Use it to make the review accurate and fast.

Frequently Asked Questions

Can I call the QME and explain the error?

Do not make a substantive one-sided communication. Communications with the evaluator are regulated, and required service on the other party matters. If represented, contact your attorney. If unrepresented, consult DWC Information and Assistance or counsel before sending a correction request or supplemental-report letter.

Is a typo enough to get a new QME?

Not automatically. The significance of an error depends on what it concerns, whether it affects the opinion, and the procedure involved. Section 37 asks the panel QME to state whether a factual correction is necessary and whether it changes the evaluator's opinions.

What if important medical records arrived after the report?

Identify when the records were created and received. New records are different from records the evaluator had but overlooked. Title 8 section 35 addresses supplemental evaluation after relevant medical records are later received in specified circumstances. Get advice before sending documents directly to the evaluator.

What if a DEU summary rating already arrived?

Do not ignore it. DWC's FAQ describes a Request for Reconsideration of the Summary Rating using DEU Form 103 within 30 days for specified reasons. The reasons and process are limited. Review the notice and obtain help promptly.

Sources

• DWC: QME frequently asked questions for injured workers
• DWC Fact Sheet E: Qualified medical evaluators and agreed medical evaluators
• California Labor Code section 4062.3
• California Code of Regulations, Title 8, section 35
• California Code of Regulations, Title 8, section 37
• California Code of Regulations, Title 8, section 38
• California Code of Regulations, Title 8, section 10682

Talk to WCLG Before a QME Error Controls the Claim

A wrong fact in a QME report can be small, or it can affect body parts, work restrictions, disability payments, future medical care, and settlement discussions. The safest first move is not an angry call to the evaluator. It is a careful review of the report, records, receipt date, and procedure.

Workers' Compensation Law Group helps injured workers in Downey, the Gateway Cities, Southeast Los Angeles County, and throughout Los Angeles County evaluate QME and AME disputes, medical-benefit problems, work restrictions, and disability records. Learn more about WCLG's medical-benefits services.

Call (562) 608-8870 for a free consultation about the report and the options that may apply. Results depend on the facts, medical evidence, and procedural posture of each claim.