By Fred J. Lewis<\/p>\n
First, your treating physician must adopt the restrictions set out in the functional capacity evaluation (FCE) or there is a good chance the Idaho Industrial Commission will deny your claim. Second, if you do not do a work search, chances are you\u2019ll lose your Idaho Worker\u2019s Compensation case.<\/p>\n
In Kim Gray v. Industrial Special Indemnity Fund<\/i> (ISIF) <\/i>filed on May 5, 2016, the claimant found out the hard way that you have to have your treating physician adopt the restrictions given by the physical therapist as a result of a functional capacity evaluation and do a work search or you will lose your total and permanent disability case. The claimant in this case was injured in a number of accidents and at the time of the hearing, was unable to work. However, the claimant made one job inquiry as a part of his job search. The claimant completely relied on the opinion of his vocational expert that it would be futile for him to look for a job. This was the death nail to the claimant\u2019s case.<\/p>\n