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Thread: FCE

  1. #1
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    Jul 2016
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    Default FCE

    I went to take my FCE. They wouldn't do it because my blood pressure was to high.Can they stop my TTD?

  2. #2
    Join Date
    Oct 1971
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    4,490

    Default Re: FCE

    Quote Quoting lbs4428 View Post
    I went to take my FCE. They wouldn't do it because my blood pressure was to high.Can they stop my TTD?
    I would say no, they would have to show that you refused for "unreasonable reasons"
    You complied to the request for the FCE, it was the doctor who cancelled for medical reasons - it's out of your control, nothing unreasonable here.

    2013 Mississippi Code
    Title 71 - LABOR AND INDUSTRY
    Chapter 3 - WORKERS' COMPENSATION
    GENERAL PROVISIONS
    71-3-15 - Medical services and supplies
    Should the employer desire, he may have the employee examined by a physician other than of the employee's choosing for the purpose of evaluating temporary or permanent disability or medical treatment being rendered under such reasonable terms and conditions as may be prescribed by the commission. If at any time during such period the employee unreasonably refuses to submit to medical or surgical treatment, the commission shall, by order, suspend the payment of further compensation during such time as such refusal continues,
    http://law.justia.com/codes/mississi...ection-71-3-15

    If they suspend benefits, retain a lawyer immediately.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
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    Jul 2016
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    23

    Default Re: FCE

    Last week I went back for my 2 weeks follow up about my blood pressure.My doctor told me it has improved,but kind of still high she says this is the goal 140/90 for her to release me. The FCE has to be 159/99 to take the test. Thats way I"m keep asking this question about my TTD if I still can get it are they can cut me off? because I have not gotten my check for last week.another thing is how they got me set up for the FCE does that mean I"m at MMI? Can that be the reason no check?

  4. #4
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    Jul 2016
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    23

    Default Re: FCE

    My doctor want my blood pressure to be 140/90,for the FCE test is 159/99. Does its has to go by the doctor number 140/90 because minds was 153/80?

  5. #5
    Join Date
    Oct 1971
    Posts
    4,490

    Default Re: FCE

    Your doctor controls your care, he orders the FCE when he feels you're ready - what he says is what counts.

    An FCE is a tool used by your doctor to establish your physical restrictions - it has nothing to do with a finding of MMI.
    MMI is when there's no longer an expectation of functional improvement regardless of continued medical care.
    They do conduct an FCE when they believe you're as good as you're going to get (MMI)

    You should receive notice when you reach MMI and an explanation of the benefits you're entitled to.
    If you're found to be MMI, TTD ends and PPD (Permanent Partial Disability) payments begin - payments are due 14 days after the employer has knowledge of your permanent disability.
    See pg. 9 in the below link.

    date due:
    Installments of compensation are payable every fourteen (14) days. The first installment is due on the fourteenth (14th) day after the employer has notice of the injury or death.
    Permanent benefits.
    Subject to what is stated below regarding permanent total disability, these benefits should be paid immediately following the injured employee's maximum medical recovery.
    They represent compensation for any disability which is more than merely temporary. There is no clear litmus test, and a disability is considered permanent "if the required period for elimination of the
    disability is longer than that which, reasonably considered, is only temporary."
    http://workerscomphub.org/sites/defa...s%20Manual.pdf

    Permanent Partial Disability - PPD benefits are paid every 14 days for the duration of the disability, subject to certain statutorily provided time limits. Permanent partial disability benefits are paid at 66 2/3% of the injured worker's average weekly wage up to the maximum amount established under Mississippi workman's comp law. PPD benefits can vary depending on the nature and severity of the injury. For example, employees who lose a leg are eligible for 175 weeks of compensation but an injured employee who lost an arm is entitled to 200 weeks of PPD.
    https://www.usworkerscomp.com/worker...aw/mississippi

    Call the adjuster, ask why no check - if he doesn't give a good reason or gives you a hard time, hang up and call a lawyer
    At this point you need to at least consult a lawyer and find out where you stand legally, you're in a sketchy situation - don't trust these people to do the right thing.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Jul 2016
    Posts
    23

    Default Re: FCE

    I meant my family doctor not my workers comp doctor. When she said 140/90 she will release me but for the FCE is 159/99 to take the test.Thats what I meant about my doctor. I didn't explain it right.

  7. #7
    Join Date
    Oct 1971
    Posts
    4,490

    Default Re: FCE

    Quote Quoting lbs4428 View Post
    I meant my family doctor not my workers comp doctor. When she said 140/90 she will release me but for the FCE is 159/99 to take the test.Thats what I meant about my doctor. I didn't explain it right.
    I don't think your doctor has a say unless she's your PTP for the comp case.
    The only thing that matters is your blood pressure at the time of the test.

    Blood pressures aren't constant, they Fluctuate throughout the day so it's impossible for anyone to release you for a FCE based on a blood pressure at the time.
    The examiner giving the FCE will base his decision on your blood pressure at the time of the exam against what the PTP recommends.
    If it's close, he may have you take a dose of blood pressure medicine and recheck in a half hour.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  8. #8
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,577

    Default Re: FCE

    Are you currently written completely out of work? If so, I would not be worried about doing the FCE, especially since it poses a health risk to you. Most of them are bogus science anyway.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  9. #9
    Join Date
    Jul 2016
    Posts
    23

    Default Re: FCE

    My employer is shut down and I'm currently on workers comp and I had surgery for Mencius and injured my hand last May. I went back this past Friday to get my Blood Pressure check and my family doctor said it was kind off still high so, I go back this Thursday they increase my dose. This is the 3rd time I went to get it check and it has been High can my workers comp check stop now if not blood pressure improved?

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