Your workers comp adjuster has just told you she scheduled a functional capacity evaluation or an FCE for you.  Should you be worried?

Yes. Here's why - many of these evaluations are nothing more than an insurance company funded way to try to get "evidence" that you can return to work, Functional Capacity Exams in DC Workers Compthat you do not need the physical restrictions or limitations your doctor has indicated, and of course, that you are faking your injury.

There are some legitimate measurements of how much you can lift and carry, but more and more, these evaluations (by a physical therapist - not a physician) focus on what they call "symptom magnification" or "pain behaviors" - things they say you are doing, or not doing. More often than not they will use this data to stop or limit your benefits and return you to work before you're ready

Why is this Problematic In DC Workers Comp?

Here's the problem with that - these physical therapists aren't qualified to give opinions, make a diagnosis, or evaluate someone's mental status.  They rely on their personal observations, probably whether they like you or not, whether they are having a bad day, whether the workers comp insurance company isn't sending enough people to them to stay in business - you name it.

Can they measure and count how many times you can lift 20 pounds? Sure.

But what a lot of these workers comp insurance companies use them for is just plain wrong.

What Can You Do About It?

Don't let this happen to you - call us at 202-393-3320 and order our free, no obligation book, or call us with your question or issue before they try to stop your workers comp benefits and your medical treatment. 

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer