We took on the cause of a chiropractor who was facing the termination of his benefits because of his refusal to undergo a "Functional Capacity Evaluation". We obtained a $1.2 million settlement after proving that this phony test could not be used as a basis to terminate our client's claim.
Partner Richard Quadrino had been featured in an article in the National Law Journal article regarding Functional Capacity Evaluations. The article described many of the reasons why these tests are misleading, unauthorized, and potentially dangerous. In the lawsuit, we fought against the insurance company's stonewalling tactics and got an order requiring them to dig into the personal collections of material in the desk drawers of the medical personnel at the insurance company. After winning that battle, we discovered that the insurance company's own personnel had hidden copies of some of the journal articles that discussed the unreliability and other problems of Functional Capacity Evaluations. Winning that battle cleared the way for the $1.2 million settlement.
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