As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] · CHAPTER 2. Compensation Schedules [4550 - 4856] · ARTICLE 2.5. Medical-Legal Expenses [4620 - 4628]
(a) Except as provided in subdivision (c), no person, other than the physician who signs the medical-legal report, except a nurse performing those functions routinely performed by a nurse, such as taking blood pressure, shall examine the injured employee or participate in the nonclerical preparation of the report, including all of the following: (1) Taking a complete history. (2) Reviewing and summarizing prior medical records. (3) Composing and drafting the conclusions of the report. (b) The report shall disclose the date when and location where the evaluation was performed; that the physician or physicians signing the report actually performed the evaluation; whether the evaluation performed and the time spent performing the evaluation was in compliance with the guidelines established by the administrative director pursuant to paragraph (5) of subdivision (j) of Section 139.2 or Section 5307.6 and shall disclose the name and qualifications of each person who performed any services in connection with the report, including diagnostic studies, other than its clerical preparation. If the report discloses that the evaluation performed or the time spent performing the evaluation was not in compliance with the guidelines established by the administrative director, the report shall explain, in detail, any variance and the reason or reasons therefor. (c) If the initial outline of a patient’s history or excerpting of prior medical records is not done by the physician, the physician shall review the excerpts and the entire outline and shall make additional inquiries and examinations as are necessary and appropriate to identify and determine the relevant medical issues. (d) No amount may be charged in excess of the direct charges for the physician’s professional services and the reasonable costs of laboratory examinations, diagnostic studies, and other medical tests, and reasonable costs of clerical expense necessary to producing the report. Direct charges for the physician’s professional services shall include reasonable overhead expense. (e) Failure to comply with the requirements of this section shall make the report inadmissible as evidence and shall eliminate any liability for payment of any medical-legal expense incurred in connection with the report. (f) Knowing failure to comply with the requirements of this section shall subject the physician to a civil penalty of up to one thousand dollars ($1,000) for each violation to be assessed by a workers’ compensation judge or the appeals board. All civil penalties collected under this section shall be deposited in the Workers’ Compensation Administration Revolving Fund. (g) A physician who is assessed a civil penalty under this section may be terminated, suspended, or placed on probation as a qualified medical evaluator pursuant to subdivisions (k) and (l) of Section 139.2. (h) Knowing failure to comply with the requirements of this section shall subject the physician to contempt pursuant to the judicial powers vested in the appeals board. (i) Any person billing for medical-legal evaluations, diagnostic procedures, or diagnostic services performed by persons other than those employed by the reporting physician or physicians, or a medical corporation owned by the reporting physician or physicians shall specify the amount paid or to be paid to those persons for the evaluations, procedures, or services. This subdivision shall not apply to any procedure or service defined or valued pursuant to Section 5307.1. (j) The report shall contain a declaration by the physician signing the report, under penalty of perjury, stating: “I declare under penalty of perjury that the information contained in this report and its attachments, if any, is true and correct to the best of my knowledge and belief, except as to information that I have indicated I received from others. As to that information, I declare under penalty of perjury that the information accurately describes the information provided to me and, except as noted herein, that I believe it to be true.” The foregoing declaration shall be dated and signed by the reporting physician and shall indicate the county wherein it was signed. (k) The physician shall provide a curriculum vitae upon request by a party and include a statement concerning the percent of the physician’s total practice time that is annually devoted to medical treatment.
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ18926429 · 2026-04-27 · Santa Ana District Office§ 4628
Determinative passage · p.1Defendant contends that the reporting of the QME violates Labor Code1 section 4628, that such violation precludes returning to the QME for supplemental reporting, and that applicant has not met his burden of establishing injury arising out of and in the course of employment (AOE/COE).
Applied to assess the admissibility and procedural compliance of QME and PTP medical reports.
Official decision · page 1 → - ADJ10961264 · 2025-11-07 · Anaheim District Office§ 4628
Determinative passage · p.5Section 4628 describes mandatory requirements for any physician signing a medical legal report including requirements that the physician personally conduct the examination; that the date and location of the evaluation be disclosed; that the evaluation comply with applicable laws; that the evaluation disclose the name and qualifications of any person who performed services, other than clerical services, in connection with the report; that the report describe in detail any variances with these procedures; and that the physician sign the report with a declaration under penalty of perjury that the contents of the report are true and correct. (Lab. Code, § 4628(a), (b), (j).) It requires the patient history and excerpting of medical records must be completed by the physician, or the physician must review the history and excerpts and must "make additional inquires and examinations" as necessary. (Lab. Code, § 4628(c).)
WCJ found Dr. Patchett's report inadmissible for noncompliance; Board held due process requires notice and opportunity to cure before striking report.
Official decision · page 5 → - ADJ16350553 · 2025-08-25 · Oakland District Office§ 4628
Determinative passage · p.4III. Section 4628 describes mandatory requirements for any physician signing a medical-legal report including requirements that the physician personally conduct the examination; that the date and location of the evaluation be disclosed; that the evaluation comply with applicable laws; that the evaluation disclose the name and qualifications of any person who performed services, other than clerical services, in connection with the report; that the report describe in detail any variances with these procedures; that the physician disclose any amount paid for other persons to perform evaluations, procedures or services; and that the physician sign the report with a declaration under penalty of perjury that the contents of the report are true and correct. (Lab. Code, § 4628(a), (b), (i), (j).) Section 4628 also requires that the taking of patient history and excerpting of medical
Sets mandatory requirements for medical-legal reports and consequences for non-compliance, including report inadmissibility and penalties for physicians.
Official decision · page 4 → - ADJ14483830 · 2025-05-30 · Marina Del Rey District Office§ 4628
Determinative passage · p.5A. Section 4628 sets forth mandatory minimum standards for both the preparation of medical- legal reporting and the concomitant disclosures that must be made by the evaluating physician. The statute provides, in relevant part:
Applicant alleged the QME's report did not comply with section 4628, including review and signing requirements, which the WCJ must determine and address.
Official decision · page 5 → - ADJ9595324 · 2025-04-07 · San Diego District Office§ 4628
Determinative passage · p.5Section 4628 requires the evaluating physician to take a complete medical history from the applicant, to review and summarize the prior medical record, and to compose and draft the conclusions of the report. Where the initial outline of a patient's history or excerpting of the applicant's medical record is accomplished by someone other than the physician, the physician must review the excerpts or summary, and make relevant inquiry of the applicant, as well as disclose the name and qualifications of those persons assisting in the nonclerical preparation of the report. (Lab. Code, § 4628(c).)
Applied to determine compliance of Dr. Finkenberg's reports with section 4628.
Official decision · page 5 → - ADJ11796055 · 2024-02-12 · Santa Rosa District Office§ 4628
Determinative passage · p.2Additionally, the F&O determines that there is insufficient evidence to establish that the reporting of the QME violates section 4628. (Finding of Fact No. 4.) Pursuant to Labor Code section 4628(e), a judicial determination that a medical-legal report "[failed] to comply with the requirements of this section shall make the report inadmissible as evidence and shall eliminate any liability for payment of any medical-legal expense incurred in connection with the report." (Lab. Code, § 4628(e).) A judicial determination with respect to an alleged violation of section 4628 necessarily implicates the reporting physician's rights to reimbursement for the preparation of the report as well as the defendant's concomitant right to resist such reimbursement in collateral proceedings. Consequently, the WCJ's determination regarding section 4628 compliance is a final order.
The court considered the reporting physician's rights and defendant's rights in collateral proceedings regarding section 4628 compliance.
Official decision · page 2 → - ADJ11229321 · 2023-08-28 · Santa Ana District Office§ 4628
Determinative passage · p.3As stated in the opinion on decision, the undersigned did not find the reporting of AME Ross to constitute substantial medical evidence. California Labor Code section 4628(a) denotes the essential requirements of a med-legal report:
Defines essential requirements for medical-legal reports, including accurate history and examination.
Official decision · page 3 → - ADJ16034585 · 2023-01-19 · Salinas District Office§ 4628
Determinative passage · p.3The WCJ also cited section 4628(e) in finding the report inadmissible. (Lab. Code, § 4628(e).) Section 4628 is an anti-ghostwriting statute and a physician's failure to comply with the statute renders a report inadmissible. (See Scheffield Medical Group v. Workers' Comp. Appeals Bd. (1999) 70 Cal.App.4th 868, 881.) However, Dr. Scheinbaum's report reflects that he performed the review of records, testing and evaluation of applicant himself. (Joint Exhibit J1, PQME Report Joel Scheinbaum, M.D., March 25, 2022, p. 1.) Thus, there is not a basis to exclude his report from evidence under section 4628. The finding will be amended to state that the report is admissible and the order stating his report is not admissible as evidence will be removed (Order No. 3).
Dr. Scheinbaum's report was admissible because he personally performed the review and evaluation.
Official decision · page 3 →
All 16 decisions naming § 4628 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 4628as what they implement.
- 8 CCR § 35.5Compliance by AMEs and QMEs with Administrative Director Evaluation and Reporting Guidelines.
- 8 CCR § 41Ethical Requirements.
- 8 CCR § 43Method of Measurement of Psychiatric Disability.
- 8 CCR § 44Method of Evaluation of Pulmonary Disability.
- 8 CCR § 45Method of Evaluation of Cardiac Disability.
- 8 CCR § 46Method of Evaluation of Neuromusculoskeletal Disability.
- 8 CCR § 49Definitions.
- 8 CCR § 49.2Neuromusculoskeletal evaluation.
- 8 CCR § 49.4Cardiovascular evaluation.
- 8 CCR § 49.6Pulmonary evaluation.
- 8 CCR § 49.8Psychiatric evaluation.
- 8 CCR § 49.9Other evaluation.
- 8 CCR § 51Reappointment and Denial of Reappointment.
- 8 CCR § 55Reappointment: Continuing Education Programs. For Applications Received Before April 1, 2026.
- 8 CCR § 55.1Reappointment: Continuing Education Programs.
- 8 CCR § 62Probation.
- 8 CCR § 149Definitions. [Renumbered]repealed
- 8 CCR § 149.2Neuromusculoskeletal Evaluation. [Renumbered]repealed
- 8 CCR § 149.4Cardiovascular Evaluation. [Renumbered]repealed
- 8 CCR § 149.6Pulmonary Evaluation. [Renumbered]repealed
- 8 CCR § 149.8Psychiatric evaluation. [Renumbered]repealed
- 8 CCR § 149.9Other evaluation. [Renumbered]repealed
- 8 CCR § 9774Quality of Care.
- 8 CCR § 10606Physicians' Reports as Evidence. [Renumbered]repealed
- 8 CCR § 10606.5Vocational Experts' Reports as Evidence. [Renumbered]repealed
- 8 CCR § 10634Labor Code Section 4628(k) Requests. [Repealed]repealed
- 8 CCR § 10670Documentary Evidence.
- 8 CCR § 10682Physicians' Reports as Evidence.
- 8 CCR § 10685Vocational Experts' Reports as Evidence.
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 4628
What is California Labor Code § 4628?
Labor Code § 4628 sits in ARTICLE 2.5. Medical-Legal Expenses [4620 - 4628]. The statute on this page begins: (a) Except as provided in subdivision (c), no person, other than the physician who signs the medical-legal report, except a nurse. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4628 in this corpus?
This corpus has 16 released decisions whose extracted legal standards named § 4628. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.