Concerns with FCE

[maxpane]

What is the name of your state (only U.S. law)? Nebr
WC attorney orders a second FCE. I can only assume its because the first resulted in sedentary restrictions. Both are done at thier choice of business. WC gives the results of my first one to the examiner which he has on his clipboard and refers to several times during the exam. I learn during the exam this attorney sends many of his own clients through the doors of this place. Is it ethical to 1. give them the results of my first FCE to use as reference and 2. send me to a place where this attorney could have influence? Should I have been able to choose where at least one of these were done?

 

[Ladyback1]

What is the name of your state (only U.S. law)? Nebr
WC attorney orders a second FCE. I can only assume its because the first resulted in sedentary restrictions. Both are done at thier choice of business. WC gives the results of my first one to the examiner which he has on his clipboard and refers to several times during the exam. I learn during the exam this attorney sends many of his own clients through the doors of this place. Is it ethical to 1. give them the results of my first FCE to use as reference and 2. send me to a place where this attorney could have influence? Should I have been able to choose where at least one of these were done?

They gave the results for reference. It's no different than if they had sent you to a medical doctor---they would have sent all of your medical records.

Most states do not allow for the injured worker to choose what provider administers specific medical exams. You may have had the right to choose your treating physician, but for an IME or FCE, you do not get to choose.
Generally speaking---I am sure there may be some states that have some sort of rule allowing the injured worker to choose, but....

Frankly, an FCE without a vocational assessment is useless in my opinion. But that's just my opinion.

If the 2nd FCE results in different restrictions, then you will be in the position to attempt some sort of disputed settlement.