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: Pennsylvania Workers' Compensation Journal

FCE Exam May Not Become Pre-Employment Exam Prohibited by ADA

By Judge Robert Vonada

Business Insurance reviewed a 9th Circuit Court of Appeals case which held a return to work FCE might have gone beyond testing for recovery from the specific work injury. The FCE reported data that might have revealed whether the Employee suffered a disability unrelated to the work injury. Under these circumstances the court held the exam could be an impermissible pre-employment physical under the ADA. The case was remanded for the lower court to determine whether the FCE was job-related and consistent with business necessity.

Full post as published by Pennsylvania Workers' Compensation Journal on October 08, 2009 (boomark / email).