Your Louisiana Functional Capacity Evaluation: Learn About the Importance of an FCE and What You Can Do to Get Workers’ Compensation Benefits Due to You

Something that many injured Louisiana workers may wonder about is what exactly a Functional Capacity Evaluation entails in a Louisiana workers’ compensation case. Indeed, after an injured worker in Louisiana applies for workers’ compensation benefits and after they undergo an Independent Medical Examination, they may be evaluated to determine whether they can return to work, by undergoing a Functional Capacity Evaluation (FCE). But what happens at an FCE and what is the impact that an FCE may have on an injured Louisiana worker’s workers’ compensation case? We answer those questions here.

A Logger’s Functional Capacity Evaluation Tanks His Workers’ Compensation Case: A Cautionary Tale

When explaining what an IME is and the impacts that an FCE may have on an injured Louisiana worker’s ability to obtain important workers’ compensation benefits, it is helpful to look at a recent case. In the case Medley v. Bennet Timber Co., a Louisiana logger underwent an FCE after he was injured while working. The logger fell from a piece of logging equipment, and sustained injuries to his back and neck. After the injured worker had surgery for his injuries, more than three years after the accident, the injured worker underwent an Independent medical examination and the examining doctor determined that he could return to work. However, the injured worker disagreed, and he was referred for an FCE. At the FCE appointment, “…the claimant walked very slowly, and complained of increasing back and leg pain and lack of dexterity while trying to lift, carry, walk, bend, crouch, and kneel. He said he could not complete many daily tasks such as carrying his child and that he relied on the walking stick to ambulate. He could not, for example, walk over a curb without the stick.” However, the injured worker’s employer alleged that he was misrepresenting his condition, and they terminated his benefits.

In the court case involving the injured worker and his employer, it was revealed that the employer had hired private investigators, who took video showing that the injured worker could, in fact, do the activities that he complained that he could not do. The injured logger did not use his walking stick in the video, and the court took notice, stating, “At no point after Claimant left [the FCE facility] is he shown on surveillance footage using his walking stick.” Accordingly, the court upheld the termination of the injured workers’ workers’ compensation benefits.

Getting Legal Help with Your Louisiana Workers’ Compensation Case

As the recent case involving the injured worker demonstrates, an FCE can “make or break” an injured worker’s case for Louisiana workers’ compensation benefits. Accordingly, consulting with an experienced Louisiana workers’ compensation lawyer can help you navigate your FCE so that you are prepared and know what to expect.

The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC are here to help Louisiana workers get important workers’ compensation benefits due to them. Contact Lunsford Baskin & Priebe, PLLC today and speak to a lawyer about your case now.