WC represented case: earliest date to request QME panel (first working day at least 10 days after mailing of 4060 request or 4061/4062 objection)

15 days after date of mailing of the lab. code 4060 request or the 4061/4062 objection, under Cal. Lab. Code 4062.2(b).

Rule text

(b) No earlier than the first working day that is at least 10 days after the date of mailing of a request for a medical evaluation pursuant to Section 4060 or the first working day that is at least 10 days after the date of mailing of an objection pursuant to Sections 4061 or 4062, either party may request the assignment of a three-member panel of qualified medical evaluators to conduct a comprehensive medical evaluation.

Cal. Lab. Code 4062.2(b), official source

Calculate this deadline

Deadline
Monday, November 23, 2026
  1. Trigger (Date of mailing of the Lab. Code 4060 request or the 4061/4062 objection): Friday, November 6, 2026.
  2. Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
Cal. Lab. Code 4062.2(b)
(b) No earlier than the first working day that is at least 10 days after the date of mailing of a request for a medical evaluation pursuant to Section 4060 or the first working day that is at least 10 days after the date of mailing of an objection pursuant to Sections 4061 or 4062, either party may request the assignment of a three-member panel of qualified medical evaluators to conduct a comprehensive medical evaluation.
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • EARLIEST permissible request date (a premature request is invalid), not a last day. Roll forward to the first working day because the statute says so. Working days follow the state-office (DWC) calendar; the CA-AGENCY holiday list approximates it. Represented employees only (injuries on or after Jan. 1, 2005). 8 CCR 10605 is not applied (runs from mailing by the requesting party, not service of a WCAB document).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of mailing of the Lab. Code 4060 request or the 4061/4062 objection on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.

  1. Trigger (Date of mailing of the Lab. Code 4060 request or the 4061/4062 objection): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.

Unsettled points

  • The calculator shows the earliest QME panel request as 15 days after mailing (20 out of state, 30 out of country), the later and safe date.Other reading: If no mail days apply, the request may be made 10 days after mailing.

Notes

EARLIEST permissible request date (a premature request is invalid), not a last day. Roll forward to the first working day because the statute says so. Working days follow the state-office (DWC) calendar; the CA-AGENCY holiday list approximates it. Represented employees only (injuries on or after Jan. 1, 2005). 8 CCR 10605 is not applied (runs from mailing by the requesting party, not service of a WCAB document).

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.