Results of FCE test

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Latest post Mon, Aug 24 2009 2:53 PM by Attorney Riviere. 5 replies.
  • Wed, Aug 19 2009 10:01 AM

    Results of FCE test

    I had my FCE test and my doctors office called me and told me that the physical therapist agreed with what he said. I can not lift anything over 10lbs and I have an impairment rating of 14%

    What happens now?

    I'd like to move forward with my life and put this all behind me. In my case what is considered in a settlement if I were to settle?


  • Wed, Aug 19 2009 10:07 AM In reply to

    Re: Results of FCE test

    I believe the settlements are statutory. In other words, X dollars for X percent impairment.

    Your work comp carrier will tell you how much.

    Your claim rep has 100s of claim files and probably won't get to yours for a long time unless you call up. Squeaky wheel gets the grease.



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  • Thu, Aug 20 2009 10:34 AM In reply to

    Re: Results of FCE test

    If the insurance company settles do they take in consideration that I have a permanant partial disability? Future medical and if there is anything else?

    Like the job I had before the accident I can not perform. Actually any of the jobs I have had before I can not do. I really need to find another kind of job.

    I do have a lawyer but he is always busy. He has always done what he says he is going to but to just call and ask him questions is kinda hard very busy.

  • Sat, Aug 22 2009 1:20 PM In reply to

    Re: Results of FCE test

    1) You get paid impairment benefits weekly for the 14% rating.  That is just a straight forward calculation based on your rating and rate of pay.

    2) A settlement involves giving up your right to receive lost wages and medical care through workers' comp in exchange for a lump sum.  In determining settlement value, the carrier looks at their exposure for those two items when it determines the value of the case.

    3) What is more important is whether you can perform any work. I send my clients to their own FCE, as I often find the carrier's FCE's are biased toward them.  You would have to talk to your lawyer about whether you are totally disabled, which would have a tremendous impact on the settlement value of your case.

  • Mon, Aug 24 2009 12:26 PM In reply to

    Re: Results of FCE test

    After my fce the therapist agreed with the doctor. I am not totally disabled but I do have a permanant partial disability which prevents me from returning to my previous position and other jobs I have also had.

    I don't know if that would impact my case or not.

  • Mon, Aug 24 2009 2:53 PM In reply to

    Re: Results of FCE test

    If that is truly the case, you will be paid for your 14% rating and the case will settle based upon what your lawyer can negotiate.

    But what your physician thinks you can do, and the reality of your situation may be two different things.  Sometimes doctors say you can return to work, but you can't.

    Talk to your lawyer.

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