What claims assistants do when the QME did not receive the medical records
By the Anacrux team · Last updated
Resend the same complete QME packet to the Form 110 records address, with a page-count declaration and proof the other side already has the set. Keep the appointment. The report is still due in 30 days.
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.
This page is the file where a QME exam is booked, or already happened, and the office says the medical records are not in. How claims assistants serve medical records on a QME is the first send. What records the QME needs is the exhibit list. QME service is a California medical-legal step. Other states use an IME or a designated doctor. Rules vary. Check the state’s rule and counsel. This is not legal advice.
Confirm it is a miss
A “did not receive” diary is one where the office, not the diary, says the file is empty.
| What landed | What it usually is | First move |
|---|---|---|
| Office says nothing arrived | Wrong address, exam suite, or never sent | Confirm the Form 110 records address. Resend there |
| CD, USB, or portal file will not open | Unreadable media | Resend the same set on the channel the office will take |
| Office has a stack with no declaration | Not considered received | Send a signed page-count declaration. Keep the item open |
| Office says the portal never opened | Upload without a confirmation | Call. Get the name who takes records. Resend with a log |
| Injured worker handed a stack at check-in | Office refused it | Do not treat that as the send. Serve and resend |
On r/WorkersComp in August 2024 a worker wrote that the nurse said the adjuster never sent records, the doctor still did the exam, and the copies in the car were refused. On r/WorkersComp in September 2025 posters wrote offices refused a walk-in stack without a cover letter, proof of service, and a declaration.
What to send on the resend
Resend the same complete set. A new inbox from a rush email loses the first attempt on the log.
| Item | Why it is on the resend |
|---|---|
| Treating records and other medical records relevant to the disputed issue | 8 CCR §35(a)(1)–(2) (amended 2024-02-26, read 2026-10-12) |
| Cover letter on the issues the evaluator must address | §35(a)(3) |
| Records log listing each item in the order it appears | §35(c) |
| Declaration under penalty of perjury of Labor Code 4062.3 compliance, with the total page count | 8 CCR §9793(n) (operative 2021-04-01, read 2026-10-12). Without it, the records are not considered received |
| Proof of service on the opposing party | 8 CCR §10625(c) (amended 2022-01-01, read 2026-10-12). §35(g) treats a send without copies to all parties as ex parte |
| Dates of every prior attempt, with fax, portal, or address used | So the office can find the first packet |
| On an unrepresented PD exam, DWC-AD Form 101 | 8 CCR §10160(c) (read 2026-10-12) |
Send it to the records address on QME Form 110 (rev. 10/2013, read 2026-10-12), or on the portal or fax that office named for records. Form 110 has a separate line from the examination address. Call only to confirm the file arrived. Labor Code §4062.3(f) (SB 863, effective 2013-01-01, read 2026-10-12) allows talk about furnishing records. Do not discuss the case. Do not autodial the injured worker’s cell for this packet.
What still leaves the item open
| What came back | Why the outstanding item stays open |
|---|---|
| Office says they have the cover letter, not the records | Incomplete packet |
| Tracking shows delivered to the exam suite | Wrong desk. Resend to the records address |
| Oral “we have it” with no name, date, or channel | Not a log the adjuster can defend |
| Injured worker’s walk-in stack | One-sided contact the office will not take |
| Treating chart still at HIM | Chase the clinic first. See how long a provider has to send records |
How to chase after the office says no
- Pull the QME exam row from Guidewire, Origami Risk, mySedgwick, Juris or the spreadsheet. Confirm Form 110 is on the file.
- Call the records desk on Form 110. Log the date, number, and who picked up. Ask which channel they will take and whether a declaration is on the last set.
- If treating records matching the body part and date of injury are not in the claim file, chase HIM on that request. The QME resend cannot invent a chart that never landed.
- Serve the opposing party if the 20-day serve is not on the log. Then send the same complete set to the records address.
- If the office has not confirmed the file 10 days before the exam, resend the same complete set on the channel they named. Do not open a second address from a rush email.
On r/WorkersComp in December 2023 a commenter wrote that QME groups run their own upload sites, and when the portal fails both sides should mail the set to the doctor. On r/WorkersComp in December 2025 an unrepresented worker wrote that the doctor had not received records at an August 1 QME.
Clocks we read
Only California QME rules we read. Other states differ.
| Clock | What it is |
|---|---|
| 5 business days after the appointment is made | QME serves Form 110. Use the records address on that form. 8 CCR §34(a) (read 2026-10-12) |
| 20 days before the information goes to the evaluator | Serve the other side the same records and the cover letter. Labor Code §4062.3(b) and §35(c) |
| Exam day | Missing records are not good cause to cancel, except a psychiatrist or psychologist on a disputed psyche injury who needs the chart first. 8 CCR §34(f) (read 2026-10-12) |
| 30 days after the exam | Report due. 8 CCR §38(a) (read 2026-10-12). §38(h) and DWC’s physician FAQ (February 2026, read 2026-10-12) say no extension because the carrier failed to provide records |
| 10 days after the exam if records are still out | Evaluator writes the report, notes the gap, then a supplemental. §35(i) |
| 60 days from a written request | Supplemental report. §38(i). Parties may add 30 days by agreement |
DWC’s injured-worker FAQ (November 2023, read 2026-10-12) tells the worker they may cancel the appointment or keep it and have records sent after. That FAQ is marked for claims filed on or before January 1, 2013. For the claims desk, §34(f) keeps the exam on the calendar except the psyche exception.
When the exam already happened
Missing records do not pause the report. Keep the outstanding item open.
| What happened | What the desk does |
|---|---|
| Exam done, office still empty | Send the late records with a written request for a supplemental, served on the other side. §35(i) |
| Report issued noting the gap | Same send. The evaluator need not re-examine if a records review is enough |
| QME asked for more time because the carrier sent nothing | No. Report still due in 30 days. Send the packet |
| Psyche QME cancelled for missing records | That is the §34(f) exception. Rebuild the packet. Reschedule inside the office’s window |
On r/WorkersComp in August 2025 a commenter was told the doctor would file the exam report in 30 days and write a supplemental once the records landed.
When the office still says no
Keep the outstanding item open. Keep the log.
If the office changed its mailing address, stopped taking paper, or lost the portal login, get the current records channel in writing and resend the same complete set there. On r/WorkersComp in September 2024 a commenter listed those office-side misses: new address not noticed, paper no longer accepted, digital no longer accepted, staff who owned the portal gone.
A third-party records portal or a QME group’s upload site is a channel. The duty in §35(a) still sits on the claims administrator.
Pull the California files with a QME date inside 21 days, or an exam already done with no records confirmation. For each one, write whether Form 110 is on the claim, whether the opposing party has the same set, whether the page-count declaration is signed, and the records address actually used. Resend any packet that went to the exam suite, went out without a declaration, or the office still will not confirm, and put the sent date on the outstanding-items list that afternoon.
Frequently asked questions
Can the QME cancel the exam because the records are not in?
Usually no. 8 CCR 34(f) says failure to receive relevant medical records is not good cause to cancel, except a psychiatrist or psychologist on a disputed psyche injury who needs the chart first. Keep the appointment. Resend the packet. Check counsel.
Does missing records give the QME extra time to write the report?
No. 8 CCR 38(h) and DWC's physician FAQ (February 2026) say the evaluator may not request an extension because the carrier failed to provide records. The report is still due in 30 days. The evaluator notes the gap and writes a supplemental when the records land.
What if the office says the CD or portal file never opened?
Resend the same complete set on the channel the office will take: portal, fax, or a new disc. Include the page-count declaration. Log the date, address, and who took it. Keep the outstanding item open until the office confirms the file is in.
Will the QME take records the injured worker hands over at check-in?
Usually no. Pre-exam communications with a panel QME must be in writing and served on the other side 20 days first. On r/WorkersComp in September 2025, posters wrote offices refused a walk-in stack without a cover letter, proof of service, and a declaration. Serve the packet.
What if treating records never made it into the claim file?
Chase HIM on that request first. The QME resend cannot invent a chart that never landed. Once the treating set is in, serve the other side, then send the complete packet to the Form 110 records address. Keep both outstanding items open until each lands.