WC represented case: each party may strike one QME name within 10 days of panel assignment
10 days after date of service of the qme panel list on the opposing party, under Cal. Lab. Code 4062.2(c).
Rule text
(c) Within 10 days of assignment of the panel by the administrative director, each party may strike one name from the panel. The remaining qualified medical evaluator shall serve as the medical evaluator. If a party fails to exercise the right to strike a name from the panel within 10 days of assignment of the panel by the administrative director, the other party may select any physician who remains on the panel to serve as the medical evaluator.
Calculate this deadline
Deadline
Monday, November 16, 2026
- Trigger (Date of service of the QME panel list on the opposing party): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Lab. Code 4062.2(c)
(c) Within 10 days of assignment of the panel by the administrative director, each party may strike one name from the panel. The remaining qualified medical evaluator shall serve as the medical evaluator. If a party fails to exercise the right to strike a name from the panel within 10 days of assignment of the panel by the administrative director, the other party may select any physician who remains on the panel to serve as the medical evaluator.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
- The gap description's 'confer' step is not in 4062.2(c); the statute gives each party the right to strike one name within 10 days of assignment, after which the other party may select. DWC QME regulations (8 CCR 30 et seq.) were not reviewed for any mail extension of the strike period; none is modeled (conservative). The represented employee must then arrange the appointment within 10 days after selection (4062.2(d); not modeled).
- 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 service of the QME panel list on the opposing party on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date of service of the QME panel list on the opposing party): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
The gap description's 'confer' step is not in 4062.2(c); the statute gives each party the right to strike one name within 10 days of assignment, after which the other party may select. DWC QME regulations (8 CCR 30 et seq.) were not reviewed for any mail extension of the strike period; none is modeled (conservative). The represented employee must then arrange the appointment within 10 days after selection (4062.2(d); not modeled).
Related deadlines
- WC: objection to treating physician's medical determination, represented employee (20 days of receipt of report) (20 days after)
- WC: objection to treating physician's medical determination, unrepresented employee (30 days of receipt of report) (30 days after)
- 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)
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.