Functional Capacity Evaluations and Settlements
Injured workers are frequently sent by their treating physician to a Functional Capacity Evaluation (FCE) when they are approaching maximum medical improvement. Many physicians give great weight to the results of an FCE report. If an injured worker is perceived as not giving "maximum effort" throughout the testing, the treating physician will often assign fewer, if any, permanent work restrictions. However, if maximum effort is reported, the treating physician will usually adopt the recommendations of the FCE evaluator for permanent work restrictions.
If you receive a referral for an FCE, it is essential that you discuss the referral with your attorney as soon as possible. Your attorney should give you important advice about what to expect during the FCE and how best to conduct yourself throughout the evaluation. Your attorney may also be able to help select the FCE facility that you are being sent to. Not all FCE evaluators are alike. Some are fair and objective in their assessment while others are more interested in getting future referrals from the employer and insurer.
Good FCE results can have a tremendous impact on the settlement value of your case. Don't underestimate the importance of this testing! It can make a substantial difference in the financial outcome of your case. Our job at Susan J. Sadow, P.C. is always to maximize your recovery both medically and financially!