Legal Question in Workers Comp in Georgia
Can I have another fce done?
I got the results of the fce/ppd last week and I disagree with some of
the statements. I had arthroscopic surgery on left knee in Jan. I've been out of work since on w/c. I was sent to have the fce done last month. The person who did the evaluation did not watch me during every exercise and some of the statements made on the report stated I had no problems doing certain exercises when actually, I did have problems. I'm not trying to get a higher disability rating, I just want the report to be accurate. Do I have the right to disagree with results? Can I have another one done?
3 Answers from Attorneys
Re: Can I have another fce done?
FCEs for PPD ratings and restrictions and limitations have become one of the latest methods by the insurance companies to really screw you. Just like there are insurance company doctors that will say anything for the hire, so are there such FCE facilities. They can be just as tainted and unfair to the injured worker. Actually, in order to be an accredited FCE facility, they are certified for their methods by an accountability group known as Ergoscience in Birmingham, Ala. Obviously the one you went to is not certified through their accountability agency. What do you do and how do you dispute it. More than likely you will not get the insurance company to pay for another one, but if you raise enough hell and point out the dishonesty of the test they may cave in. Feel free to give me a call and I will be glad to help you get around this nonsense. Take care, David Moskowitz
Re: Can I have another fce done?
If you have had income benefits paid to you within the last 120 days, you have the right to an independent medical exam, which can include a functional capacity evaluation.
Another issue you should be concerned about at this point is that your employer may try to return you to a job you are not able to perform so that your income benefits can be suspended.
If this happens, you will certainly want to consult with an attorney.
Re: Can I have another fce done?
You might be able to have another one performed. It depends entirely on the situation with your case and with your authorized treating physician. I handle workers' compensation cases all over the State of Georgia. If you do not already have an attorney, please give me a call toll free at 866.352.3311.