Legal Question in Workers Comp in California

You would have to PROVE (not assert but actually prove with clear written evidence) the QME was biased or unduly influenced.

If you PROVED that the Insurance Adjuster and the doctor talked about the claim before the report was written, that MIGHT do it.

If you PROVED that the QME failed to review materials the treating physician reviewed, you can ask the judge strike the QME report but instead the judge will likely give the QMe a chance to look at the missed materials/records.

The best way is for the attorneys to agree to the findings of an Agreed Medical Evaluator. WCAB Judges typically follow the findings of the AME (and disregard the old QMEfindings).