Had left menisectomy on July 29, 2014. Had PT, cortisone, Euflaxxa, and more therapy. I am in pain and limp all the time Also told I am candidate for total knee replacement.Not sure if I want to do The total replacement because doctor said even I did he would not release me full duty. I am a delivery driver who is in and out of truck 100 or so times a day delivering pkgs weighing up to 150 lbs. He said to do FCE so he let company know my restrictions. So just want to know if I can choose the FCE facility.
While you can certainly choose the facility where the FCE is done, perhaps doing one in the first place is not the greatest idea. You would be setting yourself up for your employer to create a meanigless position which only serves to cut off your workers' compensation benefits. You should talk to your lawyer as to whether undergoing an FCE has any value.
I am an attorney, but do not represent you. This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
It is an Rx that you can fill where you want. People may wonder why you don't go where your doctor wants you to go. Bottom line, there is more to it then this. Talk to a lawyer for advice before you do something stupid. Best of luck to you!
Absolutely, you can decide who does the FCE. At this point, you may select any and all of your medical providers. If you do not have an experienced (preferably certified) workers compensation attorney, you should consult with one now. Consultations are free and you have no obligation to hire an attorney. However, an attorney can help guide you through this is a way that will be the most beneficial to you. My guess is that the insurance company or your employer is pressuring your doctor to do an FCE, which may not necrssarily be in your best interests.
You should reach out to an attorney in your area ASAP.
If you have an attorney, you should consult him or her about this. You do have the right to select the facility, if you chose to get the test done.
You can choose who performs the functional capacity evaluation.
You are well beyond the "captive period", a relatively short period of time where you *may* have to treat with doctors chosen by your employer. You are free to choose your own medical care providers.
You wrote that you have already gone undergone physical therapy. If you have developed a good rapport with your physical therapists, and they offer functional capacity evaluations (FCEs), it may not be a bad idea to test with the people most familiar with your condition. You are, of course, free to go elsewhere as well.
Naturally, when you do undergo the test, there are some things you should know ahead of time. Namely, You should know that there are tests built into the test to gauge your effort and exertion. Many patients don't know this, but you will likely be given a score to measure the validity of your effort. The doctor will use this score in actually prescribing your physical limitations.
Therefore, It is important to put forth a strong and consistent effort during the examination, which is often conducted over several hours. This is not to say that you should hurt yourself. However, the therapist will be conducting periodic tests to gauge your effort. Good luck!
Karl is a certified workers' compensation specialist in Pennsylvania. The answer to this question is based on Pennsylvania law only. Workers' compensation statutes and case law vary from state to state.
In Pennsylvania, the longest an employer can limit who you treat with is 90 days. Therefore, you are free to seek medical treatment (including an FCE) with whoever you choose. Please keep in mind, however, that once you have been release back to work in any capacity (even light duty), the insurance company may seek to reduce or stop your benefits, even if you haven't returned to work.
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