A fitness-for-duty examination must be job-related and consistent with business necessity according to the relevant EEOC Guidance. When an FCE is ordered by a physician as part of a workers’ compensation case, it is generally related to medical care or to determining return-to-work status. When a physician requests an FCE, more often than not, it is because the physician is not sure that the injured worker can perform light duty or full duty work. Under those circumstances, the FCE is job related.
Article Credit: John H. Geaney, Esq., is an Executive Committee Member and a Shareholder in Capehart Scatchard’s Workers’ Compensation Group.