Q: Does PA law require a script in order to send a W/C patient for an FCE? Is there a liability issue if hurt during FCE?
I need to know what the law is in Pennsylvania regarding scripts for FCEs. Also, is there any "liability" on the part of the therapist or insurance company that sent that claimant for the FCE if the patient "injures" him/herself during the testing? I need to know where I can find a definitive answer to this question. Thank you!
A: If it is your doctor sending you for an FCE, normally they will write out a script and the normal rules regarding negligence and medical malpractice would apply. If the FCE is being scheduled by the workers' compensation carrier as part of what they call an IME, there is not normally a script, but there is also a very real legal question as to whether or not you have to go to this FCE. The controlling case on this issue would be the Supreme Court of Pennsylvania decision in Coleman v. WCAB, 842 A.2d 349 (Pa. 2004), “These standards offer a balance between the goals of accurately assessing claimants' injuries and protecting their right to be free from nonconsensual contact. The standards permit some types of diagnostic testing to occur while limiting the risk exposure and level of intrusion to claimants. In sum, diagnostic testing falls under the definition of a "physical examination" in § 651(a) when sought to evaluate the extent of claimant's injuries, provided employer demonstrates the tests are necessary, involve no more than minimal risk, and are not unreasonably intrusive.” Id. at P. 356. Obviously these cases are fact specific and you should talk to a workers' compensation attorney regarding the specific facts in your case.
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