PQME Panel Request in California: How to Request a Panel QME for Represented Cases

In California workers' compensation, when the parties in a represented case cannot agree on an Agreed Medical Evaluator Agreed Medical Evaluator (AME) A physician selected by mutual agreement between the injured worker's attorney and the claims administrator to perform a medical-legal evaluation. Click for full definition (AME), the next step is to request a Panel Qualified Medical Evaluator Qualified Medical Evaluator (QME) A physician certified by the Division of Workers' Compensation Medical Unit to perform medical-legal evaluations in California workers' compensation cases. Click for full definition (PQME). This process, governed by Labor Code §4062.2, requires the filing of DWC Form 106 with the Division of Workers' Compensation (DWC) Medical Unit. The DWC then issues a panel of three QME physicians, and the parties select one through an alternating strike process.

What Is a PQME Panel Request?

A PQME panel request is a formal application submitted to the DWC Medical Unit asking for the assignment of a panel of three QME Qualified Medical Evaluator (QME) A physician certified by the Division of Workers' Compensation Medical Unit to perform medical-legal evaluations in California workers' compensation cases. Click for full definition physicians to conduct an independent medical-legal evaluation Medical-Legal Evaluation A comprehensive medical examination and report prepared to address disputed medical issues in a workers' compensation claim. Click for full definition in a represented workers' compensation case. The "P" in PQME stands for "Panel," distinguishing this pathway from the AME (Agreed Medical Evaluator) process where the parties select a physician by mutual consent.

The PQME panel process exists because California law requires an independent mechanism for resolving medical disputes when the parties cannot agree on a single evaluator. Under Labor Code §4062.2, when the AME process fails in a represented case, either party (the applicant's attorney or the claims administrator) may file a Form 106 to request a panel. The DWC then assigns three randomly selected QMEs from the relevant medical specialty, and the parties narrow the panel to one physician through alternating strikes.

For a broader overview of the QME panel request process that includes both represented and unrepresented cases, see our complete guide to QME panel requests.

When Is a PQME Panel Request Needed?

A PQME panel request becomes necessary when two conditions are met: the injured worker is represented by an attorney, and the parties cannot agree on an AME. The most common scenarios that trigger a panel request include:

• Disputed causation: the claims administrator denies that the injury is work-related, and a medical opinion is needed to establish or refute industrial causation
• Contested permanent disability Permanent Disability (PD) A lasting impairment resulting from a work-related injury that reduces the injured worker's ability to compete in the open labor market. Click for full definition : the parties disagree on the nature and extent of the injured worker's permanent impairment or whole person impairment Whole Person Impairment (WPI) A percentage representing the degree to which an injury or condition affects the whole person, as rated using the AMA Guides to the Evaluation of Permanent Impairment. Click for full definition rating
• Future medical treatment disputes: disagreement over whether ongoing medical care is reasonable and necessary
• Work restriction challenges: the employer or claims administrator disputes the treating physician's recommended work limitations
• Apportionment Apportionment The allocation of permanent disability among multiple causative factors, including industrial injury, pre-existing conditions, and non-industrial factors. Click for full definition disputes: disagreement over how much of the disability is attributable to the industrial injury versus pre-existing conditions or non-industrial factors
• Maximal medical improvement Maximal Medical Improvement (MMI) The point at which a medical condition has stabilized and is unlikely to improve substantially with or without further treatment. Click for full definition (MMI) disputes: whether the injured worker has reached a point of maximum recovery

The AME Prerequisite: What You Must Do Before Filing

Unlike unrepresented cases (which use Form 105 and do not require an AME attempt), represented cases under Labor Code §4062.2 impose a mandatory prerequisite: the parties must first attempt to agree on an AME before the DWC will accept a PQME panel request.

The AME selection process works as follows:

1. One party sends a written demand to the other party proposing the selection of an AME, typically including a list of physicians the party would find acceptable
2. The receiving party has 10 days to respond with their own list of proposed AMEs or to agree to one of the proposed physicians
3. If the parties agree on a physician, that physician becomes the AME and no panel request is needed
4. If the parties cannot agree (or the receiving party fails to respond within 10 days), the AME process is considered exhausted

Once the AME process is exhausted, either party may file a Form 106 panel request. The form must include documentation of the AME attempt: the demand letter, proof of service, and either the opposing party's response or evidence of their failure to respond.

Filing DWC Form 106: Step-by-Step

DWC Form 106 is the exclusive form for requesting a PQME panel in represented cases. The form collects the information the Medical Unit needs to assign an appropriate panel and verify that filing prerequisites have been met.

Step 1: Confirm Filing Eligibility

Before completing the form, verify three things: the applicant is represented by an attorney, a compensable medical dispute exists, and the AME selection process has been exhausted or the opposing party failed to respond within the statutory timeframe.

Step 2: Complete All Required Fields

Form 106 requires the following information:

• Case identification: injured worker's full legal name, date of birth, date of injury, claim number, and WCAB case number (if applicable)
• Attorney information: applicant's attorney name, bar number, firm name, address, and contact details
• Claims administrator information: insurer or self-insured employer name, adjuster name, address, and contact details
• Medical specialty requested: the specialty relevant to the body part or condition in dispute (see the specialty selection section below)
• Description of the disputed medical issue: a clear statement of the medical question requiring evaluation
• Geographic preference: the county where the injured worker resides or was injured
• AME process documentation: evidence that the AME selection process was attempted and failed

Step 3: Attach Supporting Documentation

In addition to completing the form fields, attach copies of the AME demand letter, proof of service of the AME demand, and either the opposing party's response (showing inability to agree) or a declaration that the opposing party failed to respond within 10 days.

Step 4: Serve All Parties

Under CCR Title 8 §30, the completed Form 106 must be served on all parties simultaneously with filing. This means serving the opposing attorney or claims administrator at the same time you submit the form to the DWC. Include proof of service with your filing.

Step 5: Submit to the DWC Medical Unit

File the completed form with all attachments and proof of service. You may submit by mail, fax, or (preferably) through the online electronic filing system. Retain a copy of everything submitted, along with your confirmation number or proof of mailing.

Online Electronic Filing for Form 106

As of 2026, the DWC's online electronic filing system for Form 106 is the fastest and most reliable method for submitting a PQME panel request. The system is available through the DWC website and is accessible to both attorneys and claims administrators.

Setting Up Your Account

First-time users must create an account on the DWC electronic filing portal. Attorneys register with their California State Bar number; claims administrators register with their adjuster credentials. Account approval is typically processed within one to two business days.

Advantages of Electronic Filing

• Real-time validation: the system checks for missing or incorrectly formatted fields before accepting the submission, significantly reducing the rate of returned forms
• Faster processing: electronically filed requests are typically processed ahead of paper submissions in the Medical Unit's queue
• Immediate confirmation: filers receive a confirmation number upon successful submission, creating an unambiguous record of the filing date
• Electronic panel delivery: the assigned panel is delivered electronically rather than by mail, saving several additional days
• Status tracking: filers can log in to check the status of their request at any time

Strategic Specialty Selection

One of the most consequential decisions in the PQME panel request process is the selection of the medical specialty. The specialty you request determines the pool of physicians from which the DWC draws the panel, and it directly affects the expertise and perspective the evaluator brings to the case.

Matching Specialty to the Disputed Issue

The requested specialty should align with the body part or medical condition at the center of the dispute. Common specialty selections in workers' compensation cases include:

• Orthopedic surgery: musculoskeletal injuries involving bones, joints, ligaments, tendons, and spine
• Neurology: nerve injuries, brain injuries, headaches, and neurological conditions
• Pain medicine: chronic pain conditions, particularly when multiple body systems are involved
• Psychiatry/Psychology: psychiatric injuries, PTSD, and stress-related claims
• Internal medicine: occupational diseases, toxic exposures, and systemic conditions
• Physical medicine and rehabilitation: complex rehabilitation cases and functional capacity disputes

What to Consider When Choosing a Specialty

Beyond matching the body part, consider these strategic factors:

• Panel availability: requesting a narrow subspecialty in a rural area may result in very few QMEs in the geographic pool, potentially requiring an expanded search radius and longer wait times
• Scope of evaluation: if the case involves multiple body parts, the specialty you select determines which aspects of the injury the evaluator will address, as a QME generally evaluates only within their certified specialty
• Opposing party's likely preference: if the parties disagree on the appropriate specialty, the DWC Medical Unit will make the determination, so be prepared to justify your specialty selection with reference to the specific medical question in dispute

Timelines and Deadlines

The PQME panel request process is governed by strict statutory deadlines under Labor Code §4062.2 and the California Code of Regulations Title 8. Missing any deadline can result in waiver of rights, procedural default, or significant case delays.

When calculating deadlines, note that the 20-business-day panel issuance period excludes weekends and state holidays. The 10-day strike period and 10-day AME response period are calendar days unless the deadline falls on a weekend or holiday, in which case it extends to the next business day.

The Strike Process in Represented Cases

Once the DWC issues the panel of three QMEs, the parties must select one physician through the alternating strike process under Labor Code §4062.2(c). This process is specific to represented cases and differs fundamentally from the unrepresented case process, where the injured worker simply selects a physician from the panel.

How Alternating Strikes Work

1. Both parties receive the panel listing three QME physicians, along with each physician's specialty, office address, and contact information
2. The party who did not file the panel request strikes first, eliminating one physician from the panel
3. The party who filed the request then strikes one of the two remaining physicians
4. The last remaining physician becomes the PQME for the case QME Appointment The scheduled evaluation with a Qualified Medical Evaluator, which must occur within the timeframes specified by CCR Title 8 regulations. Click for full definition

Researching Panel Physicians Before Striking

The 10-day strike window is your opportunity to research each physician on the panel. Consider the following:

• Practice focus and experience: review the physician's professional background, subspecialty interests, and volume of QME work
• Publication history: published articles or presentations may indicate the physician's medical philosophy and approach to common disputed issues
• Prior report patterns: while not publicly accessible in all cases, practitioners who handle significant QME volume may have familiarity with certain evaluators' tendencies
• Office location and accessibility: proximity to the injured worker can affect scheduling convenience, though it should not be the primary factor in strike decisions

How PQME Differs from AME Selection

Understanding the differences between the PQME and AME pathways is essential for practitioners on both sides of a workers' compensation case. The table below summarizes the key distinctions.

From a strategic perspective, the AME process gives both parties more control over physician selection but requires cooperation. The PQME process is the default fallback when cooperation fails. Some practitioners prefer the PQME process because it removes the negotiation dynamic entirely; others prefer the AME process because it allows selection of a physician with a known track record. For a deeper analysis of the evaluation itself, see our guide to PQME evaluations.

Common Mistakes That Delay or Derail PQME Panel Requests

The following errors are responsible for the majority of Form 106 returns, processing delays, and procedural complications in the PQME panel request process.

1. Filing Without AME Documentation

This is the single most common reason the DWC returns a Form 106. The form must include evidence that the AME process was attempted: the demand letter, proof of service, and either the opposing party's response or a declaration of non-response. Without this documentation, the Medical Unit will return the request, requiring you to refile and restarting the 20-business-day clock.

2. Incomplete or Incorrect Form Fields

Missing claim numbers, incorrect dates of injury, wrong WCAB case numbers, and absent attorney bar numbers are all grounds for return. The electronic filing system catches many of these errors before submission, which is one of its primary advantages over paper filing.

3. Failing to Serve All Parties

The Form 106 must be served on all parties at the same time it is filed with the DWC. Failing to serve the opposing party, or failing to include proof of service with the filing, will result in a return. This requirement applies to both paper and electronic filings.

4. Missing the 10-Day Filing Window

After the AME process is exhausted, the panel request should be filed within 10 days under Labor Code §4062.2(b). While late filings are not always rejected, delays in filing extend the overall timeline and may create procedural arguments for the opposing party.

5. Selecting an Inappropriate Specialty

Requesting a specialty that does not match the medical issue in dispute can lead to the Medical Unit reassigning the specialty or returning the form for clarification. Conversely, requesting a subspecialty that is too narrow can limit the available QME pool and extend processing times.

6. Neglecting the Strike Deadline

Once the panel is issued, the 10-day strike period begins. If your side fails to strike within this window, the opposing party may make both strikes (effectively choosing the evaluator), or the Medical Unit will assign a QME. Calendar the strike deadline immediately upon receiving the panel.

After the PQME Panel Is Assigned

Once the strike process is complete and a PQME is selected, the case moves into the evaluation phase. Several critical steps follow, and each has its own deadline and procedural requirements.

Scheduling the Evaluation

The selected QME's office must be contacted to schedule the evaluation appointment QME Appointment The scheduled evaluation with a Qualified Medical Evaluator, which must occur within the timeframes specified by CCR Title 8 regulations. Click for full definition . Under CCR Title 8 §31.5, the evaluation should be scheduled within 60 days of the QME selection. If the physician cannot accommodate this timeframe, the parties may need to request a replacement panel from the DWC.

Submitting Medical Records

All relevant medical records must be submitted to the PQME and served on the opposing party at least 20 days before the appointment, as required by CCR Title 8 §35. For detailed guidance on which records to include, see our guide to QME record submission. Late submissions may be excluded from the evaluator's consideration, which can significantly affect the report's conclusions.

Communication Restrictions

In represented cases, strict ex parte communication rules apply. Neither party may communicate privately with the PQME about the substance of the case. All communications must be in writing and served on the opposing party. Violating the ex parte prohibition can result in the QME being disqualified and the panel process restarting entirely.

The Evaluation Report

The PQME is required to produce a comprehensive medical-legal report addressing the disputed medical issues. The report must follow the content requirements of Labor Code §4628 and CCR Title 8 §35.5, and incorporate the AMA Guides to the Evaluation of Permanent Impairment for disability rating purposes. The report carries a rebuttable presumption of correctness before the Workers' Compensation Appeals Board Workers' Compensation Appeals Board (WCAB) The judicial body that adjudicates disputes in California workers' compensation cases, including contested medical findings and benefit determinations. Click for full definition (WCAB).

Requesting a Replacement Panel

If the selected QME is unavailable, has a disqualifying conflict of interest, or cannot schedule within the 60-day window, either party may request a replacement panel from the DWC. The replacement request should reference the original panel number and clearly explain the reason. A new panel of three QMEs will be issued, and the strike process begins again.