Court Upholds Order for Employer to Pay for Worker's FCE

The Virginia Court of Appeals upheld a determination that a worker’s functional capacity evaluation qualified as a compensable form of “necessary medical attention,” since it was not for the sole purpose of obtaining a permanency rating. Case: Henrico County Public Schools v. Mack, No. 0635-24-2, 03/18/2025, unpublished. Facts: Tonya Mack worked for Henrico County Public Schools. She suffered injuries to her right knee, left wrist and a finger in a workplace accident. A deputy workers’ compensation commissioner granted Mack temporary total disability benefits an...