The Functional Capacity Evaluation: Refusal
Editors note: This is the third post in a series about The Functional Capacity Evaluation.
Implied within the statute is the employee’s ability to refuse medical or surgical treatment. What are the effects of an employee refusing the FCE? The physician should then determine whether the employee has limitations in his or her working ability “the old fashioned” way – through examination and assessment.
There is no effect on the Comp case to refusal, however, the employee must know the effect such refusal may have on his/her ability to return to work. Can an employer refuse to bring the Petitioner back to work where they refused the FCE? That will depend upon the treating doctor’s opinion.