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ERISA (1st Cir.): Lack of Cooperation During Functional Capacity Evaluation Bars Disability Claim

By Mike Reilly on June 20, 2014
Posted in ERISA

You already know that impairment can be assessed through a Functional Capacity Evaluation (FCE).

But what happens when the claimant refuses to perform tasks requested, or does not try hard enough during the FCE?

Can you deny the claim for “lack of cooperation”?  Sometimes YES.

Here’s the case of Ortega-Candelaria v. Johnson & Johnson,…

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