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.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.