I was wondering if I could refuse the FCE test, I have been put at MMI by all my doctors, and I have had impairment rating tests done. My Phyc. doc. won't release me back to my job that I was doing because of post trumatic stress, I have not been held back from work because of my back injures. I have not worked in almost 3 years and W/C no longer pays me compensation for being off work. They say they need to know my limitations before settling my case. But that has nothing to do with why I'm not back at work, and has nothing to do with me driving a truck. My employer's HR tells me they don't have a job me if I can't drive. They have everything they need to settle my case already. I have done there IME's that they wanted I feel this test is a waste of time and they are just delaying. So my question is can I refuse the FCE test? And why do they need to know what type work I can do if my employer does not have any other work available other than driving? Someone please help me.
It is my understanding that you may refuse your FCE, It is also my Understanding that if you refused your FCE there may be a possiblilty that you may lose your TTD.
I would ask my attorney or someone with better knowledge than I.
[quote=Jay2jay]
It is my understanding that you may refuse your FCE, It is also my Understanding that if you refused your FCE there may be a possiblilty that you may lose your TTD.
I would ask my attorney or someone with better knowledge than I.
I do not get my TTD anymore they cut me off like 4 months ago when I reached MMI (maximum medical improvement) I have also had IME's and got impairment ratings. My attorney says that they have every thing the need to settle, that they are delaying.
This FCE will only help your settlement. By not doing it, you will lose plenty in the end. This FCE is to show, what you can now do as for an employment. It has nothing to do with you driving a truck. The Insurance Carrier and you should have this done.
both sides are allowed under legal procedures to gather and present their evidence to help resolve a dispute. if you refuse to cooperate with that process it's likely further activity necessary to provide benefits will be suspended.
Thank you all for the info. I am very grateful that someone out there is listening.
I was wondering if I could refuse the FCE test, I have been put at MMI by all my doctors, and I have had impairment rating tests done. My Phyc. doc. won't release me back to my job that I was doing because of post trumatic stress, I have not been held back from work because of my back injures. I have not worked in almost 3 years and W/C no longer pays me compensation for being off work. They say they need to know my limitations before settling my case. But that has nothing to do with why I'm not back at work, and has nothing to do with me driving a truck. My employer's HR tells me they don't have a job me if I can't drive. They have everything they need to settle my case already. I have done there IME's that they wanted I feel this test is a waste of time and they are just delaying. So my question is can I refuse the FCE test? And why do they need to know what type work I can do if my employer does not have any other work available other than driving? Someone please help me.
IMO if you refuse the FCE you could be jeopardizing your settlement.
Is your settlement a C&R?
Are you expecting to "cash out" your settlement?
Do you need a Medicare Setaside for future medical expense for your work related injury?
Why not take the FCE? I took mine 4 1/2 years after my accident.
As far as WC delaying, Whats new with that? You expect this right?
If you are expecting to get anything out of your settlement, I think you are harming your settlement by refusing a FCE.