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RE: FCE - Cycler - 09-13-2009

Are you saying your atty was able to debate the merits of the various FCE reports now in front of the hearing officer and that was beneficial to your case ?

Bad Boy Bad Boy Wrote:Cycler, after I paid for the computer operated FCE that Wink and I had talked about with each other in the past, that after I think he performed his, I performed mine. After that, I had worked with Work Comp Attorneys on FCE issues since that time. Where we (me and the attorneys) talked about what is, and can be debatable. In a hearing process. I do know my attorney has debated mine since then also.



RE: FCE - freebird - 09-13-2009

This is a extremely good thread. Very open and honest questions concerning critical issues with a FCE in the WC World.
During my mediaition, the FCE and the IME conducted by the WC whore Doctor were main topics of leverage.

Many times IW's piss off the validity of a FCE but in many cases I have read about on several WC Forums, and searching court cases found by googling, the FCE seem to be a big deciding factor in the outcome of the case. So, I am not sold on the statement that a FCE carries little weight in determing closure of a WC Case.

I think their is much to offer on this thread to a IW.


RE: FCE - Bad Boy Bad Boy - 09-13-2009

Freebird, no I haven't settled my Work Comp claims as of yet. I have been trying to settle them since 2004.

Cycle, yes one can debate an FCE, if performed in the manner I had them done. Since my last Insurance FCE, only being 7 pages long, heart rate issues missing from certain task performed that I was told to stop, yet each time I was instructed to try them over and over again, the heart rate went off scale. Then by having the FCE (computer operated) one done shortly after that one, being 45 pages or so long, showing when the heart rate went up too high, (which ended up being the same task from the other FCE) makes a very good debate. For it can be proven such a big difference when compared. I have worked with other Attorneys (not mine) in the discussion of Computer operated FCE's VS Standard FCE's human operated. They have since been sending their clients back to their doctor / surgeon getting a script for the computer operated FCE for debating the human ones.

Freebird,Yes, FCE's matter a great deal when it is time to settle ones claim. And your correct, in many cases an FCE will carry a large part of the weight. But, mainly when it comes down to what the injured worker can do now, compared to what they were able to perform before injured. It makes the case.


RE: FCE - freebird - 09-13-2009

BAD BOY BAD BOY, What has caused your settlement to stall?

I read where you were trying to have your MSA setup where your family would receive the MSA if you did not use it.
Is this possible? The IC generally takes out a Annuity to pay for your MSA. They fund your account and then you have certain criteria you must meet such as putting it in a interest bearing account.

You have stated your settlements are worth over $1.5 million. DAMN that would be some kind of record for a WC Settlement. You must be extremely young and made very good money. I am proud for you.

My total settlement is worth around $ 600k discounted. I made good money but I am in my low 50's age wise.


RE: FCE - Cycler - 09-13-2009

Heart rate monitoring has been demonstrated to be an unreliable indicator of effort in FCE's btw AND subject to medication modulation as in Beta blockers etc. Nor has there been any blinded studies that demonstrate and better outcomes of computer versus human since the computer is just taking the down the measurements same as the human. Again, it's the validity of the entire FCE industry that's in play, not one type over another.


Bad Boy Bad Boy Wrote:Freebird, no I haven't settled my Work Comp claims as of yet. I have been trying to settle them since 2004.

Cycle, yes one can debate an FCE, if performed in the manner I had them done. Since my last Insurance FCE, only being 7 pages long, heart rate issues missing from certain task performed that I was told to stop, yet each time I was instructed to try them over and over again, the heart rate went off scale. Then by having the FCE (computer operated) one done shortly after that one, being 45 pages or so long, showing when the heart rate went up too high, (which ended up being the same task from the other FCE) makes a very good debate. For it can be proven such a big difference when compared. I have worked with other Attorneys (not mine) in the discussion of Computer operated FCE's VS Standard FCE's human operated. They have since been sending their clients back to their doctor / surgeon getting a script for the computer operated FCE for debating the human ones.

Freebird,Yes, FCE's matter a great deal when it is time to settle ones claim. And your correct, in many cases an FCE will carry a large part of the weight. But, mainly when it comes down to what the injured worker can do now, compared to what they were able to perform before injured. It makes the case.



RE: FCE - freebird - 09-13-2009

Cycler Wrote:Heart rate monitoring has been demonstrated to be an unreliable indicator of effort in FCE's btw AND subject to medication modulation as in Beta blockers etc. Nor has there been any blinded studies that demonstrate and better outcomes of computer versus human since the computer is just taking the down the measurements same as the human. Again, it's the validity of the entire FCE industry that's in play, not one type over another.


Bad Boy Bad Boy Wrote:Freebird, no I haven't settled my Work Comp claims as of yet. I have been trying to settle them since 2004.

Cycle, yes one can debate an FCE, if performed in the manner I had them done. Since my last Insurance FCE, only being 7 pages long, heart rate issues missing from certain task performed that I was told to stop, yet each time I was instructed to try them over and over again, the heart rate went off scale. Then by having the FCE (computer operated) one done shortly after that one, being 45 pages or so long, showing when the heart rate went up too high, (which ended up being the same task from the other FCE) makes a very good debate. For it can be proven such a big difference when compared. I have worked with other Attorneys (not mine) in the discussion of Computer operated FCE's VS Standard FCE's human operated. They have since been sending their clients back to their doctor / surgeon getting a script for the computer operated FCE for debating the human ones.

Freebird,Yes, FCE's matter a great deal when it is time to settle ones claim. And your correct, in many cases an FCE will carry a large part of the weight. But, mainly when it comes down to what the injured worker can do now, compared to what they were able to perform before injured. It makes the case.

My FCE was a computer software program. The PT put the Values, the points etc of the things I was ask to do and also the questions I answered. The computer program provided the work category and the restrictions detwermined by the input from the PT.
I dis have a heart monitor strapped around my chest and my blood pressure was monitored at regular intervals. My last FCE was performerd in Feb. 2008.


RE: FCE - Bad Boy Bad Boy - 09-13-2009

Yep, 1.5 million, but I'm smart enough to know what the value is, but I do know that wont happen neither. Yes, I'm going for a wage differational settlement, and yes, I did make very good money, and I am older then you Freebird, but not much older. As for the MSA, interest bearing account yes, if I were to die, I want it to pass on to my family, for you do know, the MSA also reflects on your settlement amount. Plus, I want a lump sum settlement, so that means discounts on settlement money also. The reason is, that if I were getting monthly settlement checks, and I die, the funded money stops. I had one Insurance Carrier go belly up on me already, so I'm not willing to chance it a second time around again. Why is it taking so long? Good question, but I can say I'm patient, and not rushing it at all. Plus the one Law Firm is getting paid by the IC to handle their claim, and they aren't in any hurry neither then, for they keep getting paid till it is settled. I do think their being a bit greedy also.


RE: FCE - freebird - 09-14-2009

Bad Boy Bad Boy Wrote:Yep, 1.5 million, but I'm smart enough to know what the value is, but I do know that wont happen neither. Yes, I'm going for a wage differational settlement, and yes, I did make very good money, and I am older then you Freebird, but not much older. As for the MSA, interest bearing account yes, if I were to die, I want it to pass on to my family, for you do know, the MSA also reflects on your settlement amount. Plus, I want a lump sum settlement, so that means discounts on settlement money also. The reason is, that if I were getting monthly settlement checks, and I die, the funded money stops. I had one Insurance Carrier go belly up on me already, so I'm not willing to chance it a second time around again. Why is it taking so long? Good question, but I can say I'm patient, and not rushing it at all. Plus the one Law Firm is getting paid by the IC to handle their claim, and they aren't in any hurry neither then, for they keep getting paid till it is settled. I do think their being a bit greedy also.

If your MSA is funded by the IC for your work related Injury, how can your family receive this if you pass away? This MSA has one function and thats to protect Medicares Interest concerning your Injury not your family. My proposed MSA and one other I have seen the contract on is a Annuity setup by the IC. Out of this Annuity, they pay for your MSA by "banking" your account for 2 years and then a payment yearly for the rest of your life span. IF YOU pass away, the unused money you have collected goes back to the IC. THAT IS STANDARD PROTOCOL FOR A WCMSA.

In a C&R Settlement, you should receive a lump sum that is discounted seperarate from your MSA. This money your family is entitled to when you pass. Generally, the MSA is seperate in a C&R Settlement. The taxes you pay on this MSA is a Interest bearing account is refundable. I can provide you info on the ins and outs of a MSA if you so desire.
Maybe this is your holdup in settling?


RE: FCE - Bad Boy Bad Boy - 09-14-2009

Freebird, yes please share in a new thread about the MSA. And no I don't think this is what is stalling my settlement, as they have done nothing as far as coming up with an amount. It's beeb said, they just might contact CMS stating the will pay for and medical. In Illinois for many years open medical was un-heard of, but the last couple of years it's been coming to life more due to MSA fundings.


RE: FCE - jayne - 09-14-2009

Sweet tooths MSA is set up to where if she dies it goes to her family...it can be done it just takes a bit more work by your lawyer and as they dont get % of it they dont always wanna do it....but it can be done