Q: FCE or IME needs to be done now before settlement talks can take place. Why now??

I injured my back at work a year ago. I have completed therapy, 4 spinal injection shots and a work hardening program. During this time I was receiving my weekly worker's comp checks. After 9 months of going through this my dr. ordered an FCE to be done but my job's workers comp insurance refused to pay for it. They said it wasn't necessary! So my dr. has release me back to work with permanent restrictions. For the past 4 months my job has just been "accommodating me" basically they found something for me to do! Now its settlement talks with my employer's attorney and was told I may have to undergo the FCE or see their IME again. By the way their IME reports went in my favor not theirs and why am I being forced to do the FCE now when initially I was told by my job's insurance company it wasn't necessary. Is my employer's attorney stalling because it could be a decent pay out???? Or is this protocol in worker's comp cases?????I want this to end positively in my favor!! I have an atty.

1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You are paying an attorney who knows all of the details of your claim, a great deal of money. Why would you seek an online opinion when you already paid for the privilege of getting an informed opinion? Ask YOUR attorney. HE has all of the information necessary to give you an informed answer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.