E3 Work Therapy Services
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Prevent: Employers, Business Owners, HR Professionals
Evaluate: Insurance Professionals, Nurse Case Managers, Doctors
Treat: Insurance Professionals, Nurse Case Managers
Assist: Attorneys, Paralegals, Legal Assistants

Functional Capacity Evaluations (FCE)

E3’s singular focus on Work Comp-related services is most evident in our approach to FCEs. Our uniquely accurate, fully-objective ‘validity of effort’ testing during an FCE begets evidence-based data that can be used to make appropriate therapeutic, medical and legal decisions.

The Problem:

  • Naturally, every FCE program has, at some point, proclaimed itself to be the gold standard, yet there has never been a substantial improvement to the original models.
  • Independent and peer-reviewed research has proven that they are all inherently flawed.
  • The common problem among all protocols is that effort during an FCE was "measured" using methods that have been scientifically proven to lack accuracy, relevance and most importantly, objectivity.

Stated another way: the assessing therapist makes a guess whether a claimant’s effort was "valid." The guess, ideally, was an educated guess based on years – even decades – of experience. The problem, of course, was how easily the exact opposite guess could be formulated – also by an FCE expert with decades of experience. This adversarial approach ultimately renders two FCEs a waste of time and money or it forces non-medically trained judges, attorneys and arbitrators to decide which measure of effort is "more objective".

By definition, nothing can be "more objective" – it is either objective, or it isn’t.

E3’s Validity of Effort testing is objective and legally defensible. Others are not. It really is that simple.

The Solution:

At no point does opinion influence E3’s measure of effort during an FCE. While gleaning the same amount and depth of information begotten by any FCE protocol, E3 therapists use the XRTS "Cross Reference Testing System" to objectively measure effort.

The research that supports XRTS inherent objectivity has been published in numerous peer-reviewed industry journals. XRTS has played an integral role in many recent court decisions, often being compared ‘head to head’ with outdated FCE protocols… and, interestingly, to the distinct benefit of both the injured party and the insurer.

The Solution Applied:

The E3 philosophy regarding FCEs is simple: It must be accurate, it must be objective and it must be legally defensible.

E3 also likes to make them accessible. To that end, E3 FCEs are available as a mobile service statewide. Other highlights of our FCE service include the following:

  • FCEs are scheduled and performed in less than 3 weeks – even sooner if necessary
  • Customized reports can be delivered to multiple recipients if needed. Reports are delivered in four business days (or less) after the completion of the test
  • Single point of contact for scheduling, questions and follow-up ensures timely and informative support for all E3 clients
  • The evaluating therapist will call the referral source immediately after testing to convey and discuss initial findings
  • Multiple permanent testing facilities across Iowa and a mobile testing service for clients with transportation issues and/or residing in rural locations
  • Every E3 FCE report is peer reviewed prior to distribution in order to ensure quality
  • Full litigation support services (including FCE Analysis, preparation for depositions and expert testimony) are available for our attorney clients

Please contact us if you would like more information about our FCE protocol or would like to set up educational opportunities that can include continuing education credit for nurses, doctors and attorneys.

FCE Report Analysis

E3’s FCE experts can provide written assessments of an FCE Report, highlighting precisely where non-objective measures and flawed science were used during testing.

Functional Job Analysis & Job Descriptions (FJA/FJD)

Traditionally job descriptions are created by staff who have the best of intentions, but minimal understanding of a job as it relates to the human being performing it. E3 creates job descriptions that reflect the exact functional, physical requirements of every job. E3 uses licensed Physical or Occupational Therapists to create each FJD. Therapists use on site observation, questionnaires, interviews and video recordings in order to gather all applicable information. This information is analyzed, then confirmed by current employees and supervisors and ultimately synthesized into a working document. Without all these steps, job descriptions are generally not legally valid.

A thorough Functional Job Description (FJD) is invaluable for many reasons:

  • Many times an accurate description will help weed out unqualified job candidates before they even apply
  • Expedites training by defining physical expectations for each new employee
  • Reminds current workers the level of performance they are required to maintain
  • Ensures an easier transition from one job to another for promoted, demoted or transferred employees
  • Makes return-to-work therapy for injured employees drastically more efficient

E3 uses FJDs as the basis for our Pre-Work Screens and job-specific FCEs. It also provides a blueprint for our unique Work Hardening & Conditioning program.

Deposition Preparation

An attorney armed with the right questions for a non-E3 FCE provider can ensure that FCE report, and testimony, is proven to be subjective and potentially biased. E3 knows these questions and can also anticipate varying reactions.

Expert Testimony

There are hundreds, maybe thousands, of FCE experts more than happy to give legal testimony based on an FCE report, theirs or any other. Nearly all of them are trained and expert in outdated FCE modalities. Generally they treat FCEs as a tertiary endeavor, focusing instead on wholly unrelated, non-work-comp therapy.

E3’s experts’ sole focus is on FCEs, specifically the only legally-defensible FCE protocol on the market and the differences between it and other protocols.