An injury on the job is never easy to deal with, especially when it results in a permanent disability affecting your ability to perform your regular job functions. A functional capacity evaluation (FCE) may be conducted at the employer’s expense to identify the parameters the claimant may return to work. However, a recent opinion from the Supreme Court of Louisiana held that a claimant does not have the right to choose a physical therapist to conduct the FCE at the employer’s expense. This may raise concerns for claimants who struggle to get back to work.
In May 2006, Paula Clavier sustained injuries to her neck, shoulder, and back while lifting an object, she believed to be lighter than it was. It is not disputed that this injury occurred on the job within the scope of her employment with Coburn Supply Co. Inc. (Coburn) in Harvey, Louisiana. After significant treatment, Corburn ordered an independent medical examination (IME), wherein their doctor, Dr. W. Stan Foster, opined that Clavier should receive an FCE to determine her work ability as she reached maximum medical improvement and would not require further treatment.
Since Clavier initially refused to attend the FCE, the employer filed a motion to compel the FCE, which was to be with a physician they chose. The Workers’ Compensation Court granted this motion. Upon completion of the FCE, Ms. Clavier did not agree with the findings. She filed a motion requesting that the FCE be conducted with a physician of her choice to compare with the FCE performed by the employer’s physician. Clavier wanted to use an FCE conducted with her physical therapist and argued that Coburn should be responsible for paying for the same.