Medical Evidence: Functional Capacity Evaluations

Young v. Liberty Northwest Insurance Corporation [8/25/00] 2000 MTWCC 51 Where physical therapist conducting FCE conceded she took claimant's pain reports at face value, and claimant's statements about her limitations were contradicted by video surveillance, FCE's conclusion that claimant was limited to sedentary-light work for four hours a day were not persuasive.
Nielson v. State Fund [9/20/00] 2000 MTWCC 64Court not persuaded by conclusions of Functional Capacity Evaluation where record suggested symptom magnification by claimant during testing and failure of claimant to participate in work conditioning program associated with FCE. Note: In Nielson v. State Compensation Ins. Fund, 2003 MT 95, the Supreme Court reversed and remanded, holding substantial evidence did not support the WCC's conclusion that claimant was not permanently, partially disabled.