Disagree with a California DEU Summary Rating? Reconsideration and Record Checklist

California injured worker reviewing a DEU summary rating, medical report, DWC-AD 103, exhibit index, and proof of service
California injured worker reviewing a DEU summary rating, medical report, DWC-AD 103, exhibit index, and proof of service

Review the primary DWC Summary Rating guidelines.

Summary-rating review. This guide concerns administrative review of a summary rating. It does not supply a deadline for challenging a judge’s award.

A Disability Evaluation Unit summary rating translates medical findings into a permanent-disability percentage; it does not rewrite the doctor’s medical opinion. Before objecting, identify the document, the worker’s representation status, and the alleged error. The California Division of Workers’ Compensation describes a specific reconsideration route for an unrepresented worker who received a summary rating and has not opened a WCAB case, with grounds and timing tied to the rating notice. A formal rating in a litigated case, a consultative rating, and a disagreement with the physician may require different procedures.

Identify the rating and read its notice before calculating time

Save the complete rating, envelope or electronic-delivery record, medical report, request for rating, and every attachment. Confirm that the document is a DEU summary rating and not a formal rating issued for a workers’ compensation judge or a consultative calculation. The official notice should identify how and where to seek reconsideration and should be read before relying on a general online description.

DWC materials describe a 30-day period from receipt for the unrepresented summary-rating reconsideration procedure. Record the actual receipt date and the method of delivery. Do not substitute the medical-examination date, report date, or date printed on a different notice. If the final day is uncertain, act promptly and obtain case-specific advice rather than assuming extra time.

Match the objection to a recognized ground

DWC identifies four grounds: The medical evaluation failed to address an issue, did not address an issue completely, did not follow required evaluation procedures, or the rating was incorrectly calculated. Build a table showing the challenged component, the report page, the rating entry, the asserted ground, and the supporting document. A bare statement that the percentage is too low does not explain a rating error.

Separate medical disputes from rating disputes. If the physician omitted a body part, work restriction, apportionment explanation, or another presented issue, the underlying report may need clarification through an allowed process. If the medical facts were rated incorrectly, identify the specific schedule or arithmetic step. Rule 10164(b) bars the Administrative Director from using a supplemental or follow-up evaluation requested by a party after the summary rating issued as a basis for reconsideration. Do not assume a new report can simply be attached to cure the old rating, or ask the DEU to replace a physician’s judgment.

Assemble DWC-AD 103 and a reviewable record

Use the current DWC-AD 103 form and its instructions. Identify the employee, employer, claim number, evaluator, report date, rating date, and each ground accurately. Attach the rating and the materials necessary to understand the asserted error, but avoid an unindexed dump. A short chronology and exhibit list help show what the evaluator and DEU had when each decision was made.

Preserve the completed submission, exhibits, proof of service, and delivery confirmation. Serve the parties identified by the current form and case posture. If a missing document or incorrect fact originated earlier, state that history candidly; do not imply that the DEU received material that was never submitted.

Keep the larger claim on a separate calendar

A rating challenge does not automatically postpone a conference, trial, benefit notice, utilization-review issue, or another objection period. Track the reconsideration request beside the entire claim calendar. If representation begins or a WCAB case is filed, confirm whether the administrative procedure remains appropriate.

The DEU permanent-disability overview explains rating inputs, while the claim guide covers the broader sequence. The firm’s California workers’ compensation practice page and workers’ compensation FAQ provide additional context.

What this means: practical action checklist

Frequently asked questions

Is a low percentage enough to obtain reconsideration?

No. Identify a recognized medical-procedure, omitted-issue, schedule-application, or calculation problem and support it with the report and rating record.

When does the 30-day period begin?

For an eligible unrepresented worker, DWC guidance describes the period from receipt of the summary rating. Use the notice, preserve delivery evidence, and do not assume another event starts the period.

Can the DEU change the QME’s medical opinion?

The DEU rates medical findings; it does not ordinarily replace the physician’s medical judgment. An omitted or inadequately explained medical issue may require a different procedure.

Should I keep preparing for a hearing?

Yes. Do not assume a reconsideration request stays a hearing or another deadline unless an authorized decision says so.

Review Your DEU Summary Rating Reconsideration

Mishra X Trial Lawyers can evaluate summary rating determinations and identify medical or procedural rating errors. Bring your DEU summary rating form, QME/AME medical reports, notice of summary rating, and proof of service. This is general information, not individual legal advice; reading it or contacting the firm does not create representation or extend a deadline. Call (949) 343-9735 or email office@mishrax.com.