The short answer
A QME report is evidence, not a verdict. There are four ways to challenge one.
But the report only binds anyone if it is substantial evidence — and a surprising number are not.
First: read it for the specific defects
Not "I disagree." Specific defects. These are what actually move a report.
A wrong history. The report says you fell in March; it was January. It says you had prior back treatment; you did not. Factual errors in the history undermine everything built on them, and they are the easiest thing to prove.
Body parts missing. If you reported four and the report addresses two, that is not a disagreement — that is an incomplete report.
Apportionment stated without reasoning. Under Escobedo, an opinion that names a pre-existing condition and attaches a percentage without explaining how and why is not substantial evidence. A great many apportionment opinions are exactly that, and they do not survive when challenged properly. What makes one hold up.
Records the evaluator never got. If key records were not provided, the opinion was formed without them, and that is fixable.
A rating that ignores what the Guides actually require. Measurements omitted, the wrong method applied, an objective finding not documented. How to read the report.
The four routes
1. Ask for a supplemental report. The cheapest and most common. A letter to the evaluator identifying the factual error, providing the missing records, or asking them to address a body part or explain their apportionment. This resolves more disputes than everything else combined.
2. Depose the evaluator. And note Labor Code § 5710(b)(4) — where you are represented and the employer takes a deposition, the employer pays your attorney's fee for it. The rules on who bears the cost of deposing an evaluator are their own subject, but the deposition is a real tool and it is underused.
3. Rebut the rating. Almaraz/Guzman where the strict AMA number does not describe your actual impairment. Ogilvie/Dahl on the diminished-future-earning-capacity route. What Almaraz/Guzman does.
4. Argue it is not substantial evidence at trial. A report that a judge cannot rely on does not decide anything, whatever it says.
What does not work
Getting a new QME because you didn't like the first one. The panel process does not work that way, and asking generally wastes months.
Your treating physician simply disagreeing. It helps, but the medical-legal evaluator's report is what the rating is built from. The treating physician's value here is in supplying the facts the evaluator got wrong.
Waiting. There are objection deadlines, and they are shorter than people expect.
Bring the report to someone before you decide it settled anything. Most of the defects above are invisible unless you know to look for them, and any one of them can move the number.
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.
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