What medical records does the QME need, and who on the claims desk sends them?
By the Anacrux team · Last updated
The claims administrator, or the employer if there is none, shall send the QME all treating-physician records, other medical records relevant to the disputed issue, and a cover letter on the issues to address. The injured worker may send records too. Serve the opposing party 20 days before the packet goes to the QME office.
This is for the claims assistant, case coordinator or medical-only examiner at a regional TPA, self-insured desk or carrier unit who works California files in Guidewire, Origami Risk, mySedgwick, Juris or a spreadsheet of outstanding items.
A QME packet is the medical-legal exhibit set a California Qualified Medical Evaluator reviews before writing the report. It is not the treating-chart request to HIM, not a work status form, and not a Texas designated-doctor packet. Chase treating records into the file first, serve that set on the other side, then send it to the QME office. Rules vary. Check the state’s rule and counsel. This is not legal advice.
What belongs in the packet
8 CCR §35(a) (amended 2024-02-26, read 2026-10-12) is the list the claims administrator shall provide, and the injured worker may provide, to a QME or an AME.
| Item | Why it belongs |
|---|---|
| All records prepared or maintained by the treating physician or physicians | History of this injury: diagnosis, treatment, and work status |
| Other medical records relevant to the disputed issue, including prior treatment | Apportionment and causation |
| Imaging, labs, operative notes, and consults matching the body part and date of injury | So the QME does not redo tests already in the file |
| A cover letter on the treating physician’s determination, or the issues the evaluator must address | §35(a)(3) requires this letter, served on the other side at least 20 days before the evaluation |
| A records log listing each item in the order it appears | Required of the claims administrator. The applicant attorney attaches one for records sent from that office |
| On an unrepresented permanent-disability exam, DWC-AD Form 101 and Form 100 | 8 CCR §10160 (read 2026-10-12): Form 101 and the records go to the QME before the exam; Form 100 goes to the employee |
Labor Code §4062.3(a) (SB 863, effective 2013-01-01, read 2026-10-12) is the statute: treating records, plus medical and non-medical records relevant to the medical issue. Chase the treating chart into the file first. That request is how long a provider has to send records. HIPAA on the carrier’s request and when HIM still wants a signed form are clinic-side packets, not the QME serve.
What to leave off
| Item | Why it fails |
|---|---|
| A stack handed to the QME at check-in | Pre-exam communications with a panel QME must be in writing and served 20 days first. On r/WorkersComp in September 2025 a commenter wrote that QME offices often will not take records handed at the appointment |
| Records sent to the QME without a copy to the other side | §35(g) treats that as ex parte. The other side can dump the evaluator |
| An untimely medical-legal report, a non-treating impairment report no WCJ has admitted, or anything a WCJ has stricken | §35(e) bars all three |
| Non-medical records the other side objected to within 10 days | Stay out until a WCJ orders them in. Depositions, surveillance, and personnel files sit here |
| Mental health records under Health and Safety Code §123115(b), served on the injured employee | §35(c) sends those to a designated provider, with written notice |
| A lifetime “any and all” dump, or asking the injured worker to carry the chart as the only send | Recut to the body part and date of injury. Do not autodial the injured worker’s cell |
Who sends it
The statute says any party may provide records. The regulation puts the duty on the claims side.
| Party | What that party does |
|---|---|
| Claims administrator, or the employer if there is none | Shall provide treating records, other relevant medical records, the cover letter, and the log |
| Injured worker | May provide records. Must serve the claims administrator 20 days first |
| Applicant attorney, represented file | May send a packet from that office, with its own log, served on the defense 20 days first |
| Defense attorney | Often serves the carrier’s set. The duty in §35(a) still sits on the claims administrator |
| QME office | Receives the packet at the records address on QME Form 110 (rev. 10/2013, read 2026-10-12) |
On r/WorkersComp in May 2024 a commenter wrote that the defense has the obligation, that the applicant attorney can send records too, and that neither side can object to medical records. That tracks §4062.3(b): the 10-day objection is for non-medical records only. On an AME, §4062.3(c) and §35(b)(2) tell the parties to agree on what goes.
When to serve it
The 20-day clock is service on the opposing party, not the day the QME opens the envelope.
| Clock | What it is |
|---|---|
| 20 days before the information goes to the evaluator | Serve the other side the same records and the cover letter. §4062.3(b) and §35(c) |
| 10 days after that service | Window to object to non-medical records. A timely objection keeps those records out unless a WCJ orders them in |
| 5 business days after the appointment is made | QME serves Form 110 on the employee, the claims administrator, and known attorneys. Use the records address on that form |
| Unrepresented worker books within 20 days of the panel | §35(h) drops the 20-day wait for medical information. Non-medical information still needs the 20-day serve so the worker can object |
On an unrepresented serve, §35(c) requires this cover language: “Please look carefully at the enclosed information. It may be used by the doctor who is evaluating your medical condition as it relates to your workers’ compensation claim. If you do not want the doctor to see this information, you must let me know within 10 days.” Call the QME office only to confirm the file arrived. Do not discuss the case.
When the office says the records never arrived
On r/WorkersComp in December 2025 an unrepresented worker wrote that the doctor had not received medical records at an August 1 QME. Missing records do not pause the report clock.
| What happened | What the desk does |
|---|---|
| Office says the CD is unreadable, or the portal never opened | Resend the same complete set on the channel the office will take. Log the date, address, and who took it |
| Records still out 10 days after the exam | §35(i): the evaluator writes the report, notes the gap, then a supplemental. Send the late records with a written request, served on the other side |
| QME wants to cancel because the chart is not in | 8 CCR §34(f) (read 2026-10-12): not good cause, except a psychiatrist or psychologist on a disputed psyche injury who needs the records first. Keep the appointment. Resend |
| QME asks for more time because the carrier sent nothing | 8 CCR §38(h) (read 2026-10-12): no extension for missing records. Report still due in 30 days. DWC’s physician FAQ (February 2026, read 2026-10-12) says the same. Send the packet |
How to tell the packet is complete
| What landed | Why it is not done | What to do |
|---|---|---|
| Treating notes, no cover letter and no log | Incomplete under §35(a)(3) and §35(c) | Add the issues letter and the itemized log. Serve again |
| Packet to the QME, no proof of service on the other side | Ex parte risk under §35(g) | Serve the same set on the opposing party. Log it |
| Sent to the exam suite, not the Form 110 records address | Office never saw it | Resend to the records address on Form 110 |
| Unrepresented PD exam with no Form 101 | §10160(c) wants Form 101 and the records before the exam | Complete Form 101, serve it, send it with the records |
Pull the open California files with a QME exam in the next 21 days. Next to each row write whether treating records matching the body part and date of injury are in the claim file, whether the opposing party has been served, and the records address on Form 110. Serve any set still on the coordinator’s desk, recut any lifetime dump, and log the sent date that afternoon.
Frequently asked questions
Can the injured worker hand medical records to the QME at the exam?
Usually no. Communications with a panel QME before the evaluation must be in writing and served on the other side 20 days first. Handing a stack at check-in is the one-sided contact QME offices refuse, and it can be treated as ex parte. Serve the packet on the opposing party, then send it to the address on Form 110.
Can the claims desk object to treating records going to the QME?
No. Labor Code 4062.3 lets a party object only to non-medical records within 10 days of service. Treating-physician records and other relevant medical records go. Surveillance, personnel files, and deposition transcripts are non-medical and stay out until a judge orders them in.
Who sends the records if the injured worker has an attorney?
The claims administrator still shall provide treating records, other relevant medical records, and a cover letter. The applicant attorney may send a packet too, with its own log. Defense counsel often serves the carrier's set. Serve each set on the other side 20 days before it goes to the QME.
What if the QME office says the CD did not open?
Resend the same complete packet on the channel the office will take: portal, fax, or a new disc. Log the date, address, and who took it. Missing records do not let the QME cancel the appointment except on a psyche evaluation that needs the chart first. Keep the outstanding item open until the office confirms the file is in.
Does the QME get extra time to write the report if records are late?
No. 8 CCR 38 says the evaluator may not request an extension because the carrier failed to provide records. The report is still due in 30 days. 8 CCR 35(i) tells the evaluator to note the gap and write a supplemental when the records land, without a new exam if a records review is enough.