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DTSTAMP:20260417T010559Z
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DTSTART:20180616T100000
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DESCRIPTION:Date/Time: Saturday\, June 16th\, 9:00 a.m. to 4:30 p.m.\n\nLo
 cation: \n\nHosted by Industrial Rehabilitation &amp\; Evaluation Service
 s\, LLC\n\n770 West Hampden Avenue\, Suite 300\n\nDenver\, Colorado\n\nDes
 cription: \n\nEach day across America hundreds of new hire post-offer emp
 loyment tests\, worker’s compensation return-to-work functional capacity
  evaluations\, and work-related physician physicals are conducted. A large
  number of these work readiness assessments are administered outside of co
 mpliance with Title I of the Americans with Disabilities Act. It is impera
 tive that each medical professional who performs functional capacity evalu
 ations or post-offer services is up-to-date with the test administration g
 uidelines emanating from recent Equal Employment Opportunity Commission (E
 EOC) and federal court settlements. The work evaluation methods of a physi
 cian and a therapist were at the heart of a recent $5.5M settlement.\n\nTh
 is course takes a “deep dive” into the new world of work evaluation un
 der ADA Title I. Beginning with a clear definition of “medical examinati
 on and inquiry” under Title I\, we will examine the new guidelines for t
 hese tests:\n\n\n	\n	Functional Capacity Evaluation (FCE) for stay-at-work
 \n	\n	\n	Functional Capacity Evaluation (FCE) for reasonable accommodation
  determination\n	\n	\n	Post-Offer Testing (POET) and Pre-Placement Testing
  (PPT)\n	\n	\n	Return-to-work Functional Capacity Evaluation (FCE) for wor
 kers’ compensation\n	\n\n\nMedical examination topics addressed during t
 his course will include:\n\n\n	\n	A work product which defines physical ab
 ilities in terms of Sedentary\, Light\, Medium\, Heavy\, Very Heavy\n	\n	\
 n	A work product which defines physical demands in term of Occasional\, Fr
 equently\, or Constant\n	\n	\n	A work product which states the individual 
 cannot perform the physical demands of the essential functions because of 
 inconsistent effort\n	\n	\n	Co-mingling “unsafe for testing” protocols
  with “unsafe for work” decisions\n	\n	\n	Incorrectly defining essenti
 al functions as including lifting\, carrying\, pushing\, pulling\n	\n	\n	I
 nterchanging important terms such as impairment and disability\n	\n	\n	Lea
 rning why “qualified individual” is the key phrase in ADA Title I test
 ing\n	\n	\n	Performing endurance tests not connected to an essential funct
 ion of the job\n	\n	\n	The ADA Title I workability decision without refere
 nce to a job description\n	\n	\n	The all-important physical or cognitive j
 ob demand link to an essential function\n	\n	\n	The cost of ignoring an in
 -place reasonable accommodation\n	\n	\n	The difference between an essentia
 l function and a physical or cognitive work demand\n	\n	\n	The inadequacy 
 of functional capacity evaluation systems which attempt to “catch” inc
 onsistent effort\n	\n	\n	The need to address reasonable accommodation issu
 es during testing\n	\n	\n	The power of recognizing qualification standards
  as the foundation of the workability decision\n	\n	\n	The presence of wor
 k disability at the nexus of impairment and disability\n	\n	\n	The procedu
 res for employment agency new hires\n	\n	\n	The work evaluator’s product
  that does not address reasonable accommodation\n	\n	\n	The work evaluator
 ’s workability decision affected by the presence of signs of low effort\
 n	\n	\n	The work product that discusses low effort but does not discuss po
 tential causes\n	\n	\n	When coverage under ADA Title I is triggered\n	\n	\
 n	Why using a large patient outcome database is a major error under Title 
 I\n	\n	\n	Your defenses to a charge of employment discrimination\n	\n\n\nW
 orkshop participants are encouraged to bring one or more Functional Capaci
 ty Evaluation reports that include a statement about low levels of physica
 l effort (or malingering). These work products will be used to tailor indi
 vidual consultation and will not be shared with other participants or teac
 hing staff.\n
SUMMARY:Fix Your FCE and POET Practice: Reduce Your ADA Title I Litigation 
 Profile
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