first of all QME's make mistakes all the time - if in fact it is not an accurate depiction of the apportionment then the court will not follow it - you will need to just make an appropriate argument
we will not take any action on this case until we have a signed retainer agreement
I suggest you check this page for up to date information on apportionment: http://www.wcwebzine.com/a-z/apportionment.htm. Also note that under LC 4663 and Escobedo, there can be apportionment to other factors. LC 5500.5 is a statute covering who pays for a cumulative trauma. See http://www.wcwebzine.com/a-z/cumulativetrauma.htm. To answer your question in a word, "no." The judge will rely on admissible and substantial evidence of apportionment. If the QME report meets that standard, it will be the basis for apportionment. See my articles and checklists on evidence (look at http://www.wcwebzine.com/a-zindex.htm).