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  1. #1
    Join Date
    May 2013
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    21

    Default Impact of FCE on Assessment of Disbility

    My workers compensation claim was made in the State of: ia

    A few days ago I had my FCE and, despite the discomfort and pain, did what I was asked to do. At the end, the guy says I'm not disabled, but will have restrictions on overhead lifting. How will this impact a shoulder injury WC claim?

    While doing a deposition, the IC carrier asks if I had participated in something (a sport, trying to remain minimal info here). Prior to the deposition my attorney had asked if i was competing in this sport bc they were convinced my injury came from that, rather than at work. I assured them, it had been awhile, and no.

    Turns out, the people responsible for digging the info found someone, who coincidentally shared my name, that was participating in said sport. And as a result of that participation, I can see clearly why they'd be excited at their find. When I was asked "so you're not (name) that participated on (insert date) in said sport?" I could only laugh and say, no, I am not. Turns out, there is someone on the other side of this lovely planet of ours (different country) with the same name!

    Anyways, have a great night!

  2. #2
    Join Date
    May 2010
    Posts
    467

    Default Re: FCE Mixed with Some Legal. Comedy

    FCE therapist don't write your restrictions or decide on disability that is for a real doctor to do, I would have told him is taxes are messed up and he will owe a penalty, but then, I am not a trained accountant nor are you a doctor.

  3. #3
    Join Date
    May 2013
    Posts
    21

    Default Re: FCE Mixed with Some Legal. Comedy

    Haha, well I assume his opinion has something to do with the rating, otherwise it seems like a wasted extra step?

    Like your attitude though :-D

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: FCE Mixed with Some Legal. Comedy

    FCE's are generally administered by a physical therapist, sometimes Dr/Physiatrists'...there are lots of computer programs where they just plug in the numbers.
    The results are used by your Dr to help define your abilities of daily living activities, as well as job function. In turn, used to apply permanent restrictions and calculate a final PD rating. The PD % rating is used to determine how many weeks of PD indemnity benefits you are entitled to...which is your "settlement".

    FCE's vary widly by program, and in most states are not mandatory. FCE is simply a tool used to determine your abilities...and basically what you can/cannot do that day, with or with out medication.

  5. #5
    Join Date
    May 2013
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    21

    Default Re: FCE Mixed with Some Legal. Comedy

    Quote Quoting BvIA View Post
    FCE's are generally administered by a physical therapist, sometimes Dr/Physiatrists'...there are lots of computer programs where they just plug in the numbers.
    The results are used by your Dr to help define your abilities of daily living activities, as well as job function. In turn, used to apply permanent restrictions and calculate a final PD rating. The PD % rating is used to determine how many weeks of PD indemnity benefits you are entitled to...which is your "settlement".

    FCE's vary widly by program, and in most states are not mandatory. FCE is simply a tool used to determine your abilities...and basically what you can/cannot do that day, with or with out medication.
    Thanks bvia.

    So let me see if I got this straight, in my state, shoulder = body as a whole = 500 wks max. Lets say for example, I'm found to be 5% disabled, I would do 500x.05 = 25 weeks at amount determined by my pay ($400)?

    Roughly accurate?

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: FCE Mixed with Some Legal. Comedy

    That's right... or $400 X 500 X 5% = $10K, either way you compute, comes out to 10K in PD indemnity.
    That's over a 25 week period though, taking a cash lump sum could carry a reduction to present value, or "todays dollars".
    In Calif, that would be a statutory 3% commutation

  7. #7
    Join Date
    May 2013
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    21

    Default Re: FCE Mixed with Some Legal. Comedy

    Curious, as I got from my attorney the "results" of the FCE.. It said I was pleasant, and gave maximum effort, but basically says I showed no signs of injury. However, like I said, I was doing what I was told, to do what is asked of me. Today, and really since the day of the FCE, my shoulder has been in constant elevated pain. Is this something I should mention to make sure further damage wasnt done? Or is it pretty much normal? For a few hours, it felt like my insides (of my shoulder) were being set on fire

  8. #8
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,855

    Default Re: FCE Mixed with Some Legal. Comedy

    Quote Quoting Justiniowa View Post
    Curious, as I got from my attorney the "results" of the FCE.. It said I was pleasant, and gave maximum effort, but basically says I showed no signs of injury. However, like I said, I was doing what I was told, to do what is asked of me. Today, and really since the day of the FCE, my shoulder has been in constant elevated pain. Is this something I should mention to make sure further damage wasnt done? Or is it pretty much normal? For a few hours, it felt like my insides (of my shoulder) were being set on fire
    Being in that amount of pain is not normal after a FCE. In my opinion, if you are in pain you should see a doctor. Many times FCE's hurt people. Some are done over a two day period to see how the patient did, and if they had pain from the day before. There is a difference between what you can do, and what you should do, when injured. That is why I believe those FCE's are a crock. You obviously are injured, and just because you did what was asked of you, does not mean there are no signs of injury, since this person may have re-injured you. If you get medical treatment now for what happened to you as a result of the FCE, it may show that that FCE was incorrect. If you are ever in this situation again, I suggest you not do the things that may cause further injury to yourself, even if they tell you to. It is not worth the chance of further injury.

  9. #9
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    May 2010
    Posts
    467

    Default Re: FCE Mixed with Some Legal. Comedy

    Quote Quoting kelly38 View Post
    Being in that amount of pain is not normal after a FCE. In my opinion, if you are in pain you should see a doctor. Many times FCE's hurt people. Some are done over a two day period to see how the patient did, and if they had pain from the day before. There is a difference between what you can do, and what you should do, when injured. That is why I believe those FCE's are a crock. You obviously are injured, and just because you did what was asked of you, does not mean there are no signs of injury, since this person may have re-injured you. If you get medical treatment now for what happened to you as a result of the FCE, it may show that that FCE was incorrect. If you are ever in this situation again, I suggest you not do the things that may cause further injury to yourself, even if they tell you to. It is not worth the chance of further injury.

    Unfortunately, there is no normal, however do mention it to your doctor. I had IC completely lie to my dovtor about my fce, and when he actually read the report he told me it wasnt what the report said at all.nurse case manager just lied to him and said she had didscussed it with the pt who dud it, and she hadnt either. When I had my next pt, she went off on what a bitch the nurse manager was, and she said aid she tried to get her to write other oponions than her I own. I asked her to write me an email uncase they later try to say I didnt, or wouldnt do things. I have the email, and yep they tried that crap. She said she only remembered because she had written me the email.

  10. #10
    Join Date
    May 2013
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    21

    Default Re: FCE Mixed with Some Legal. Comedy

    Quote Quoting ladyvol View Post
    Unfortunately, there is no normal, however do mention it to your doctor. I had IC completely lie to my dovtor about my fce, and when he actually read the report he told me it wasnt what the report said at all.nurse case manager just lied to him and said she had didscussed it with the pt who dud it, and she hadnt either. When I had my next pt, she went off on what a bitch the nurse manager was, and she said aid she tried to get her to write other oponions than her I own. I asked her to write me an email uncase they later try to say I didnt, or wouldnt do things. I have the email, and yep they tried that crap. She said she only remembered because she had written me the email.
    well luckily, Ive had nothing but positive experiences with everyone that has been involved in the process, so I dont think THATS the issue (plus i have the report so no shockers comin), but i do have a doctors visit coming up, Ill mention it to her then.

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