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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default How to Dispute a Functional Capacity Exam (FCE)

    My question involves labor and employment law for the state of: North Carolina
    I strained my back at work, which takes awhile to heal, when I went to Dr. his restrictions included no driving, no standing. my job took me out of work, not the Dr. I am required to have a home office and do office work when i am not in the field but they wouldnt let me work at home. The last time I went to Dr, he didn't lift enough of the restrictions for to satisfy my job so I called and asked that he lift the restrictions so I could go back to work, my back had healed, he said not until I had an FCE. I was able to do every thing I was tested on, when he asked me to squat, I told him that I had a bad knee that didnt have anything to do with my work injury nor did it make my back hurt but I could do it, I also told him that it never had interfered with my job duties, squatting is on my job requirements, I was able to squat and get back up, he only asked me to do it once. then he put in the report that I couldnt squat, my job is terming my position even though I have been there over 2 years and have never had a problem doing anything on the floor which is only occasional. I told them that I did not agree with the FCE because I had no problem doing my job and had been doing my job correctly and how can they term me for something that I have been doing with no problem just because the report says I cant do something that I clearly demonstrated that I could do. the workers comp nurse says they cant redo it because they have to have a Dr. to sign off on restrictions. there is also contradictions in the Dr dictation and FCE. The FCE says I cant squat, the Dr dictation says squatting not recommended. I have 20 years in this career and I think this is unfair. there is more than one way to get on the floor, when I get on the floor at work I dont squat, I get down on one knee and do what I have to do and it has NEVER been a problem, the company doesnt come around checking if you are squatting or not!
    Is there anything legal I can do??

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Dispute a Functional Capacity Exam (FCE)

    What position is your treating physician taking on this issue?

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