Independent Medical Examinations: FCE

Haupt v. State Fund [3/9/04] 2004 MTWCC 25 While an FCE is evidence of the claimant's physical abilities, it is not conclusive evidence.
Broyles v. Albertson's [10/22/03] 2003 MTWCC 61 Insurer or self-insured employer is not entitled to an IME or FCE for the purposes of obtaining an impairment rating. §§ 39-71-605(5) and -711(4), MCA (2001). Note: See Broyles 2004 MTWCC 19 Withdrawing Decsion and Order Quashing IME and FCE.

Liberty NW v. Robin Marquardt [10/30/03] 2003 MTWCC 63 An insurer is not entitled to functional capacity evaluations without limit. It is entitled to an FCE only where there are sound reasons for conducting one. § 39-71-605, MCA (2003).