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Cardinal Law Partners.

Please Call One of Our board-certified Workers' compensation Specialists For a Free Consultation (833) 444-4257

  • By: Cardinal Law Partners
NC Workers' Comp: A worker with an injured arm filling out a Functional Capacity Evaluation form.

In this article, you can discover…

  • The role of a functional capacity evaluation in relation to your claim.
  • Who performs these evaluations, and whether they are truly fair.
  • How to prepare for an evaluation and the types of tests that may be involved.

What Is A Functional Capacity Evaluation (FCE) In Disability Or Workers’ Compensation Cases?

To get a better sense of how your injuries or disabilities might impact activities of daily living, your doctor may send you for a Functional Capacity Evaluation (FCE), which will involve some basic physical tests to determine your limits and give a baseline understanding of how well you can function.

During FCE testing, you’ll be asked to stand, walk, push, and pull. You may be asked to walk on a treadmill and be asked to lift items of various weights and sizes. If your hand has been injured, the FCE might involve a grip test or might test your ability to rotate your wrist.

These tests guide treating doctors in assigning limitations or restrictions based on objective testing, rather than relying solely on your reports or their own opinions.

The best way to think of an FCE is as a type of physical therapy session in which you are asked to push, pull, and move, and your best efforts on those tasks are measured. Those measurements then provide an outline for the doctor to determine what you’re capable of doing or not doing in daily life, around the house, or at your workplace.

Are Functional Capacity Evaluations Required In A Workers’ Comp Or SSDI Claim?

Functional Capacity Evaluations (FCE) are not always required in workers’ comp or SSDI claims.

However, when they are requested, it’s usually best to comply and submit to the evaluation. However, if you do refuse for health reasons (such as having extremely high blood pressure), make sure this reason is articulated and documented.

Who Performs The FCE, And Are These Evaluators Considered Independent?

Some FCE evaluators are fully independent. In fact, if you have been attending physical therapy at a certain location for the last few weeks, it is possible that your FCE will take place at the same facility.

Having said that, there are other FCE evaluators who make it a point to market themselves as such, who tend to rule against the injured or disabled, and generally favor the insurance companies. Some may even suggest that poor performance during an evaluation was due to a lack of effort rather than genuine pain or disability.

How Should I Prepare For An Upcoming FCE In A Disability Or Workers’ Comp Case?

The best way to prepare for an FCE is to tell the truth. If you become tired during the evaluation, say so. If you experience pain during a test, speak up and explain where the pain is and when it started. If you feel that you believe you were only able to perform a certain test because you took pain medication earlier in the day, say so.

If there are any factors that may have made your performance better or worse than normal, let the evaluator know. This will help them establish the most realistic baseline possible for what you can and can not do.

How Can Hiring A Disability Or Workers’ Compensation Attorney Protect Me During The FCE Process?

Speaking for myself, I have a list of Functional Capacity Evaluators that I will absolutely not ask my clients to go to. Based on my years of experience, there are some evaluators who I feel are simply looking out for the interests of insurance companies rather than those of the injured or disabled.

A good attorney will look out for your interests and make sure that evaluations are fair, objective, and give a clear, accurate picture of your abilities. A good attorney will also be willing to litigate on your behalf if needed and truly fight to ensure your limits are properly understood and evaluated.

This is one of the things I do to help my clients: ensure the FCE evaluator is someone I trust to be fair to you and to evaluate your health independently of what the insurance company may be hoping to hear.

Still Have Questions? Ready To Get Started?

For more information on functional capacity evaluations in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.

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