Functional Capacity Evaluation for Workers Comp Case...

by Jesse
(Marble, PA, USA)

I want to know if doing an FCE (Functional Capacity Evaluation) is to my benefit for a large settlement for a workers comp injury? I injured both my shoulders. I've had 3 surgeries on each shoulder. I've been off of work for over 3 of the last 5 years. Thanks for any help you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Functional Capacity Evaluation for Workers Comp Case...":

If you are at the stage where your employer is prepared to offer you a settlement, you may not have an option but to participate in the Functional Equivalency Exam.

Workers compensation law (and settlements) are based upon a structured set of rules in play, this may be a pre-settlement offer. The best advice we can give is to ask questions; Find out if you are required to go. It seems to me that the evaluation is directly related to your ability to work or "function" and that this fact is always necessary for an effective settlement.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Motor Vehicle Operator...
by: smiley

I am a contractor for the government. I had a mission to do on September 6, 2011 and was injured on the job. I was ground guiding the operator of a 45 ton fork lift and a piece of metal which was welded to the forklift broke off, hitting me on the back side of my hand and leaving me with 4 broken bones.

My chest was only bruised but no bones were broken. I went to see an IME doctor and did not get the results back. I also did a functional capacity evaluation and before I left I asked the therapist how I did. She mentioned that I did not meet the standard which means I can not go back to my full time job. What does this mean?

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION