Functional Capacity Evaluations (FCEs) play a crucial role in personal injury cases when determining the extent of an individual's injuries and how much damages are appropriate to seek. Attorneys often rely on FCEs to provide objective data that can answer key questions related to a client's ability to perform physical and cognitive tasks, return to their previous employment, qualify for other employment opportunities, and identify necessary accommodations.
Objectives of a Functional Capacity Evaluation for Legal Cases
An effective FCE is designed to address the following critical questions:
- Can the individual return to the job they held prior to their injury or illness?
- If not, are there alternative jobs for which they are qualified?
- What accommodations, if any, will be required to enable them to work?
To accurately design and execute an FCE, it is essential to gather detailed information about the job in question, including both its physical and cognitive demands. While job descriptions provided by employers can serve as a starting point, they often lack the specificity required for a comprehensive evaluation. Additional resources such as the Dictionary of Occupational Titles and O*Net can offer further insights, but the most reliable source of information often comes directly from the individual being evaluated. Their firsthand experience can provide a more accurate depiction of the job's true demands, particularly in cases where traditional job descriptions or databases fall short.
Evaluating Physical and Cognitive Demands
Assessing the physical demands of a job is a straightforward process compared to evaluating its cognitive requirements. While resources like O*Net provide more detailed information on cognitive demands than the Dictionary of Occupational Titles, the available data is still limited. Specialized software can offer additional insights into the cognitive demands of various jobs, which can then be compared with the results of neuropsychological testing or other cognitive assessments conducted during the FCE.
Experience in performing job site evaluations is invaluable in this context. Evaluators with extensive experience across a wide range of industries can draw on their knowledge to accurately assess job demands. Even if a specific job has not been previously evaluated, a seasoned evaluator can often find close parallels to guide the assessment process.
Selection and Administration of Tests
The selection of tests is a critical step in the FCE process. For example, if a floor installer's job requires prolonged crouching or kneeling, the evaluation should include tasks that replicate these positions under realistic conditions. It is essential to assess the individual's ability to perform these tasks to their maximum tolerance, rather than relying on brief or extrapolated observations. This approach ensures that the evaluation accurately reflects the individual's capacity to endure job-related tasks over extended periods.
Cognitive endurance is similarly tested by assigning tasks that require sustained mental effort, such as research projects or presentations, particularly under conditions where pain or fatigue may be heightened. This helps in assessing the individual's ability to maintain cognitive function throughout a typical workday.
Accommodations and Flexibility in Testing
Incorporating accommodations during the FCE can be instrumental in assessing the individual's true work potential. Allowing the use of a sit/stand station or providing a quiet environment for those with concentration difficulties can help optimize performance. Unlike some rigid FCE models, a flexible approach to test administration can yield a more accurate assessment of the individual's capabilities, reflecting the real-world flexibility that many employers offer, such as allowing position changes or task reordering to minimize pain or discomfort.
Importance of Client Rapport and Goal Setting
Establishing a strong rapport with the individual undergoing the FCE is essential for a successful evaluation. Understanding their personal and professional goals can provide valuable insights that help tailor the evaluation process. For instance, if an individual's primary goal is to return to work, the evaluator can explore ancillary job options that align with their abilities. Collaboration with vocational counselors can also be beneficial in identifying alternative employment opportunities based on the individual's physical or cognitive limitations.
Conclusion: The Role of FCEs in Legal Determinations
A well-designed FCE provides attorneys with the information needed to make informed decisions regarding the appropriate extent of damages to seek for the injuries sustained. By thoroughly evaluating whether an individual can work reliably, consistently, dependably, safely, and competitively, the FCE can determine whether someone can return to their previous job, a different job, and what accommodations they may need. The individualized approach to FCE design ensures that each evaluation is tailored to the specific medical condition, work history, symptom presentation, and the legal questions in dispute, providing a comprehensive foundation for legal decision-making.
