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Medical & Care Coordination: Need-for-treatment examination with respondent's physician requested and scheduled promptly Medical & Care Coordination: Treatment authorized and scheduled following motion supported by treating physician's report Financial & Benefits Outcomes: Delayed temporary disability check secured through motion to enforce after carrier missed payment deadline Financial & Benefits Outcomes: Enforcement order compelling carrier to pay nearly $250,000 in overdue medical benefits, with sanctions for noncompliance, following motion to preserve entitlement to medical benefits after total disability award Court and Adjuster Action: Motion to enforce granted after carrier failed to provide court-ordered medical treatment Court and Adjuster Action: Authorized psychological treatment secured through successful motion for medical treatment Court and Adjuster Action: Increased disability award obtained on third reopener of a 2015 claim after arguing additional treatment was warranted Litigation & Settlement Outcomes: Settlement secured for injured employee with multiple injuries requiring fusion surgeries, with rights to ongoing and future medical treatment preserved Litigation & Settlement Outcomes: Two matters settled after competing carriers disputed workers' compensation coverage Litigation & Settlement Outcomes: Denied workplace accident claim with no witnesses and outstanding unauthorized medical bills settled, with carrier paying all bills and compensating for resulting injury Medical & Care Coordination: Need-for-treatment examination with respondent's physician requested and scheduled promptly Medical & Care Coordination: Treatment authorized and scheduled following motion supported by treating physician's report Financial & Benefits Outcomes: Delayed temporary disability check secured through motion to enforce after carrier missed payment deadline Financial & Benefits Outcomes: Enforcement order compelling carrier to pay nearly $250,000 in overdue medical benefits, with sanctions for noncompliance, following motion to preserve entitlement to medical benefits after total disability award Court and Adjuster Action: Motion to enforce granted after carrier failed to provide court-ordered medical treatment Court and Adjuster Action: Authorized psychological treatment secured through successful motion for medical treatment Court and Adjuster Action: Increased disability award obtained on third reopener of a 2015 claim after arguing additional treatment was warranted Litigation & Settlement Outcomes: Settlement secured for injured employee with multiple injuries requiring fusion surgeries, with rights to ongoing and future medical treatment preserved Litigation & Settlement Outcomes: Two matters settled after competing carriers disputed workers' compensation coverage Litigation & Settlement Outcomes: Denied workplace accident claim with no witnesses and outstanding unauthorized medical bills settled, with carrier paying all bills and compensating for resulting injury

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The Docket

Proving a Workers’ Compensation Claim

Evidence, legal standards, and strategies used to establish compensability and protect benefits.

Measuring What Work Demands: The Importance of Functional Capacity Evaluations in New Jersey Claims

In workers’ compensation cases, medical records are essential—but they often don’t tell the full story of what a worker can and cannot do after an injury. That’s where a Functional Capacity Evaluation (FCE) can make a difference. In my work as a workers’ compensation lawyer in New Jersey, I’ve seen how these evaluations can shape the outcome of a claim and help ensure that workers’ real limitations are seen and respected.

What a Functional Capacity Evaluation Measures

An FCE is a set of physical tests conducted by a licensed professional—often a physical therapist or occupational therapist. The goal is to measure a worker’s ability to perform specific tasks: lifting, bending, standing, and more. These evaluations go beyond a doctor’s general note about“ light duty ”or“ full duty” and look at what the worker’s body can actually handle.

The results are detailed and objective, giving both the worker and the court a clearer picture of how the injury affects daily tasks and job functions.

When FCEs Are Ordered

Employers, insurers, or treating doctors can request an FCE when there are questions about whether a worker can safely return to work—or when there’s disagreement about permanent disability. In many cases, I’ve seen these evaluations become a critical part of the dispute.

For example:

  • A warehouse worker with a back injury says they can’t lift boxes over 20 pounds, but the insurer claims they can handle heavier loads.
  • A nurse returning to work after a shoulder injury needs to show exactly how much reaching or carrying is possible.
  • A delivery driver wants to prove that repetitive climbing or carrying would risk reinjury.

How I Work With FCEs

In every case I handle, I make sure FCEs are scheduled at the right time—when healing has reached a stable point, and the results will truly reflect a worker’s limits. Rushed or poorly timed evaluations can understate the real impact of an injury.

I also review the FCE reports closely. These documents include measurements like how long a worker can stand, how far they can reach, or how many pounds they can safely lift. I look for gaps or inconsistencies, especially when an insurer tries to use a single number—like a“ lifting limit”—to dismiss the cumulative toll of years on the job.

What Workers Should Know

For workers facing an FCE, preparation matters. These evaluations are demanding and can be tiring. I advise clients to approach the FCE honestly—no pushing through pain, no down playing symptoms. A worker’s job is to show what’s possible and what’s not, so that the record reflects the real limits they face.

The Role of the FCE in the Claim

The findings of an FCE can carry significant weight in a case. Judges and insurers rely on these reports when deciding whether a worker can return to full duty or should be awarded permanent disability.

A clear, thorough FCE can show not just what a worker can do once, but what they can do hour after hour, day after day. That’s the real heart of a workers’ compensation case—recognizing the difference between a single effort and a job that demands strength and endurance over years.

Balancing Data and Daily Life

Even the most detailed FCE doesn’t capture every thing. I remind my clients that their words and experiences matter just as much. Pain that flares up at home or trouble getting through a full shift are real and need to be documented. My job is to make sure that these daily realities are woven into the story that an FCE begins to tell.

A Thoughtful Approach to Recovery

In the end, an FCE gives a clear, practical view of how a worker’s body handles real tasks. It helps ensure that health and future work are seen for what they truly are. When an injury affects how someone lifts, bends, or stands, that reality deserves to be measured with care—by the law, by employers, and by a system built to honor years of effort.

If you’re facing an FCE or have questions about how these tests shape your workers’ compensation case ,I’m ready to listen. Call 732-774-1000 or send us a message today. Let’s ensure your effort is measured with the care it deserves—and that your future remains steady and strong.

Richard N. Schibell, Esq.

Richard N. Schibell, Esq.

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Work Injury Types

Proving a Workers’ Compensation Claim

Medical Evaluations & Evidence

Returning to Work & Long-Term Impact

Third-Party & Related Liability

The Schibell Law Approach

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