Guide to Functional Capacity Evaluations in Florida

When you file for Workers’ Compensation, you likely have to undergo multiple medical exams.  Some are there to determine what your injuries are and whether they are disabling.  A functional capacity evaluation is one of the other exams you might undergo.

A functional capacity evaluation looks into what abilities you still have after being disabled and what work tasks you can perform.  This evaluation will be part of the return-to-work process, and it is used to help you find jobs you can perform with your current limitations or show that you cannot work in your current state.

For help with Workers’ Compensation and the return-to-work stage of your claim, work with the Florida Workers’ Comp attorneys at Graves Injury Law Firm by calling (305) 614-2767 today.

What is a Functional Capacity Evaluation?

A functional capacity evaluation examines what abilities you still have after a disabling injury and what work tasks you can perform.

Basics

In a functional capacity evaluation (FCE), you sit with a doctor and go over your abilities and limits.  This might require answering questions as well as undergoing physical tests, like trying to lift more than 50 pounds or going from a kneeling to standing position.

Everything is done in a controlled environment with medical professionals, who evaluate your condition and write up a report for the court, employer, and insurance carrier.

Goals

There are a few areas of information the FCE looks for:

  • The limits of your abilities – e.g., can you sit, stand, lift, bend, type, carry things, etc.?
  • What work tasks you are physically able to perform – e.g., can you still operate tools or perform fine motor tasks?
  • What accommodations might be needed to help you perform work tasks – e.g., do you need a stool behind a cash register because you can’t stand for a prolonged time?
  • What remaining rehabilitation/therapy needs can help you get back to full function?

Who Performs FCEs?

FCEs are usually performed by medical professionals, whose specific credentials might vary.  Many are physical therapists or sports medicine professionals rather than physicians, but these credentials are appropriate for the specific issues they are analyzing.

Appointments are usually made with outside physical therapy and rehab centers, rather than doctors who work for your employer or their insurance carrier.

Who Pays for the FCE?

Your employer’s Workers’ Comp carrier typically pays for FCEs and other medical exams they want you to go through, such as an independent medical exam (IME).

FCEs vs. Other Exams in Workers’ Comp Claims

A functional capacity exam is just one of the exams you may undergo as part of your claim.  There are two other exams you may undergo, but it is important to understand the difference between these exams:

IME

An independent medical exam (IME) is an exam performed by a doctor your employer chooses.  Because of this, the doctor is usually trying to get info to use against your claim.  The IME doctor evaluates…

  1. What injury/diagnosis you have
  2. Whether it was work-related
  3. Whether it was disabling.

This is typically used at the start of your claim to see if you are eligible for Workers’ Comp in the first place.  You may also undergo repeat IMEs later.

Other Medical Exams

Your treating physician will treat your injuries, but they also perform exams to gather information and evidence in the case.  There are three major ones to be aware of:

  1. Your treating physician examines you to diagnose your condition, form a treatment plan, and determine whether the injury was work-related and disabling. This is similar to what the IME looks for, but this is the evidence our Florida Workers’ Comp lawyers use to help your side of the case.
  2. Your doctor evaluates whether you have reached maximum medical improvement (MMI) as you approach 104 weeks on benefits. If you do, it means there is no further improvement, and you are essentially as healed as you will be, allowing changes in benefits and a green light to return to work.
  3. Your doctor also evaluates your permanent impairment rating after MMI/104 weeks on benefits, which is used to determine what ongoing wage-loss benefits you may be entitled to.

When Does an FCE Happen in Florida Workers’ Comp?

An FCE is used as part of the return-to-work process.

104 Weeks of Benefits and MMI

Your original wage-loss benefits stop after 104 weeks or when you reach MMI, whichever comes first.  At this point, you may need to start looking for work if you are able to do so.

An FCE will be used to evaluate what work you can perform and what accommodations you need to return to work.

Permanent Total Disability

In some cases, injuries are so serious that they do not make you wait 104 weeks before gauging MMI.  It is obvious from the beginning that you will be disabled for life.

This list of severe injuries includes severe brain injuries, spinal cord injuries, amputation, and more.  If there is doubt about whether your injury is serious enough, you can still qualify for permanent total disability if there is no work you can perform with your given disability, even sedentary/desk work.

Determining whether you can perform work usually requires an FCE.

FAQs for Functional Capacity Evaluations in Florida

Can You Choose Your FCE Examiner?

Your employer’s Workers’ Comp carrier may choose where you have to go for an FCE.  If we want to get an outside FCE because we are not satisfied with the results, we can choose a provider to do that second FCE.

Who Pays for the FCE?

Your employer’s Workers’ Comp carrier typically pays for the FCE.  If we need an outside exam, we may have to pay for that but may be able to recover the costs later as part of your case.

Does the FCE Doctor Get the Final Say?

The professional who performs the FCE writes up a report for all parties to tell you what limits you have and what work you are expected to perform.

If you have a problem with the results, you can take this portion of your claim before a Workers’ Comp Judge.  They make the final evaluation, after reviewing additional FCE results we submit to challenge the initial FCE.

Can You Refuse an FCE?

To keep your eligibility for Workers’ Comp, you have to undergo an FCE when requested.  If you refuse, your benefits can be shut off.

Call Our Workers’ Comp Lawyers in Florida Today

Call Graves Injury Law Firm’s Coral Gables, FL Workers’ Comp lawyers today at (305) 614-2767.