Workers’ Compensation · Primary-source case analysis

Simi: Former Section 4062 Still Supplied the Medical-Legal Procedure for Pre-2005 Injuries

By Aneeta Mishra and Timothy Chan

Published May 19, 2026

Marilyn Simi v. Sav-Max Foods resolved which medical-legal procedure governed an employer’s request for a defense QME in a represented case involving a pre-2005 injury.

The new panel procedure had a prospective injury trigger

Section 4062.2’s revised represented-worker process applied to disputes arising from injuries on or after January 1, 2005.

The Legislature left a procedural gap for older injuries

Reading the amendments literally without the former procedure would have eliminated any workable AME-QME route for represented employees injured before 2005.

Former section 4062 continued to fill that gap

The Board held that the earlier procedure remained operative for the older injury category and allowed the employer to obtain the appropriate QME evaluation.

The enforcement language required correction

Although the examination order was affirmed, the Board struck language that confused the distinct suspension consequences in sections 4053 and 4054.

Key takeaways

• Fix the injury date before selecting the medical-legal path.
• Determine whether the worker is represented.
• Match the dispute to the version of sections 4061, 4062, and 4062.2 that governs.
• Use the correct statutory remedy if an ordered examination is missed.