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Thread: Refusing an FCE

  1. #1
    Join Date
    Jun 2008
    Posts
    34

    Default Refusing an FCE

    If you are near the end of your hellish WC experience and are ready to get back to making a real paycheck and actually contribute to society, what are the complications of refusing an fce . I mean every one ive dealt with up to now has not had my best interests in mind so why would an fce be any different, I just dont really see a point in it,,thoughts??

  2. #2
    Join Date
    Jul 2008
    Location
    kentucky
    Posts
    31

    Default Re: Refusing an FCE

    an fce will determine your percentage of disability that is how workers comp settles with you on your injury. i you do not take an fce workers comp does not have to settle with you and when your statue of limitations has expired you will not recieve anything no settlement and perhaps no future medical due to your injury. i would advise you to take an fce it would be in your best interest.

  3. #3
    Join Date
    Jun 2008
    Posts
    34

    Default Re: Refusing an FCE

    Quote Quoting dishman606 View Post
    an fce will determine your percentage of disability that is how workers comp settles with you on your injury. i you do not take an fce workers comp does not have to settle with you and when your statue of limitations has expired you will not recieve anything no settlement and perhaps no future medical due to your injury. i would advise you to take an fce it would be in your best interest.
    I thought my doctor determined my impairment according to the ama guide?

  4. #4
    Join Date
    Jul 2008
    Location
    kentucky
    Posts
    31

    Default Re: Refusing an FCE

    the doctor uses the results from your fce to calculate your level of disability by the ama guidelines.

  5. #5
    Join Date
    Apr 2007
    Location
    cincinnati,ohio
    Posts
    767

    Default Re: Refusing an FCE

    it in your best intrest to do the FCE, if you dont do it, you lose. do the FCE, you will come out ahead.

  6. #6
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Refusing an FCE

    I think there's some measure of misunderstanding of what the FCE truly is, and its role in a workers' comp case.

    Basically, FCE stands for "functional capacities evaluation" and is essentially a way to try to objectively detail what your physical limitations are.

    You'll go through a series of physical tasks (lifting, carrying, stooping, climbing, bending, etc), with various weights, durations, etc. These examinations are typically done by occupational therapy/physical therapy operations.

    It seems to have almost become universally used in WC cases, though there's no real specific indication in the law that they have to be done for the physician to provide a rating or otherwise release you at MMI.

    Basically, the FCE lets the doctor abandon his duties to evaluate your ranges of motion, etc., and provide his own opinion on those things. Instead, the results of the FCE will be completely adopted by the doctors most time, and those will be listed as your permanent medical restrictions. Some employers will use these to determine whether or not they'll put you back to work.

    The rating (in most cases) won't be expressly governed by the results of the FCE. The only time that might come into play is in situations where the doctor has to have some range of motion measurement to assign permanent impairment. The FCE is more important for the restrictions than the rating.

    It is very important to give your very best effort at all times during the FCE. Even with that best effort, many FCE evaluators will say that you have provided "submaximal effort" in essence trying to say that you were gaming the system to try to con them.

    I wouldn't necessarily recommend not going to the FCE. It could be seen as being medically non-compliant, and could result in delays in reaching a settlement or otherwise disposing of your case.

    Good luck.

  7. #7
    Join Date
    Nov 2007
    Posts
    56

    Default Re: Refusing an FCE

    A FCE usually says you can do more than you actually can anyway. They are going to try to make your limitations seem minamal. Even my doctor didn't agree with the results that I could work at a medium level. He said that he knew I could not work at a medium level after having the 3 serious surgeries that I had. Therefore it didn't effect my impairment rating. He still gave me a 74 whole body impairment . But I am trying to get social security disability and the FCE has come up a couple of times. All of my doctors have written letters disputing it, so hopefully it want hurt me. Good luck.

  8. #8
    Join Date
    Feb 2008
    Posts
    156

    Default Re: Refusing an FCE

    when i had my FCE, the IME doctor added a couple of restrictions with it. most of the time the doctors will agree with the FCE. during the FCE dont tell them your not going to do something. you need to attempt the task and explain that its diffucult or its painful. if you dont attempt it then they will say your faking. do the best you can and if you need a break let them know. dont go in there with a bad attitude . be friendly because you need there help. like i said, my FCE went very well and the WC IME doctor added a couple of restrictions. i hope it goes well for you also. good luck.

  9. #9
    Join Date
    Aug 2007
    Posts
    374

    Default Re: Refusing an FCE

    The man giving the FCE is working for the IC. He will be as crooked as the rest of the crew. The man that did my FCE stated that I did not take any breaks between each exercise and never laid down. But yet I had wrote that I could not stand up for a certain length of time.(I can't remember the length of time) The truth was that I laid down between each exercise because I was in pain. The PT had walked by so many times when I was lying there, and we talked. When the report came in, I was angry and carried it to PT with me. I showed him where the FCE'er had lied about me not taking breaks at all and never laid down once. The PT knew the truth. The FCE'er also had fabricated several other lies.
    Lue
    Last edited by Lue; 07-17-2008 at 05:21 AM.

  10. #10
    Join Date
    Mar 2008
    Posts
    417

    Default Re: Refusing an FCE

    I had an FCE done and the physical therapist said I had signs of faking because I could pick up more with one hand then with two. (I have a lower back injury) I am like yeah when I lift with one hand I am not using my back muscles and with one hand I am using my arm muscles more then back. That is exactly what my treating doctor said. But get this one I got the report of the FCE and it said I was pretty much faking in the eyes of the therapist but he (the therapist) rated me at a light level duty. My doctor went to put me on permenant restrictions and my nurse pushed him to send me to a spine specialist which he didn't want to but ended up doing it. The funny thing is he agreed with my doctor and wc didn't like it. They decided to send me to an IME again and she said there was nothing wrong with me and I could go back to work with no restrictions. I went back to my doctor and he disagreed with the IME and put restrictions back on. My advise is do it it will help your case. Have your treating doctor refer you to an FCE by a therapist of his choice not work comps.

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