Legal Question in Workers Comp in Florida

Functional Capacity Evaulations making take a 2nd time

I just recently this week was ordered to take a FCE, I cooperated, took the test it took over 5 hours, #1 the person giving the exam stopped me once from continuing the test I guess so I wouldn't get hurt, or she knew I couldn't do it. #2 she asked as to why I wasn't using my hand to pick up large or heavy items I explained this was due to it being weak and recently having Carpul Tunnel Surgery that workers comp wouldn't approve even though ALL their dr's said I needed it. #3 After 5 hours of test the person doing the testing stated she needed me to come back Monday next week and redo some of the FCE tests as she just wasn't happy with the results as I could do some but not all and she needed to ease her mind before she submits her reports. My question can she do this, do I have a right to refuse, how can I do it any better a 2nd time around am I suppose to suddenly have a miracle happen and do it. It is scheduled for Monday I would appreciate any advice.


Asked on 7/10/03, 11:24 pm

1 Answer from Attorneys
Steve Renick Bloom & Kinnear P.A.

Re: Functional Capacity Evaulations making take a 2nd time

It would seem, to me, that 5 hours would be sufficient for an FCE examination. The tester may be trying to validate some of the findings, and see if you were putting forth your maximum effort. Personally, I don't believe FCE's performed by someone hired by the insurance carrier does anything except hurt your case. Furthermore, I would question why you would be agreeing to the same when the insurance company denied your surgery? You need to hire legal counsel immediately to pursue your claim for carpal tunnel syndrome and the surgery, especially if the doctor indicated this was related to your work. Then, once you hire the attorney, ask him these same questions. However, you should not go back to any FCE until you retain an experienced workers compensation attorney to protect your rights. Good luck.

Read more
Answered on 7/11/03, 7:33 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Florida