FCE Ethics & Professional Conduct 2 — Questions and Answers
Question 1: An FCE evaluator discovers mid-assessment that the claimant is a distant relative. What is the most ethical course of action?
- Continue the evaluation since the relationship is distant
- Disclose the relationship to the referring party and withdraw from the case (Correct answer)
- Complete the evaluation but note the relationship in the report
- Ask the claimant if they are comfortable proceeding
Correct answer: Disclose the relationship to the referring party and withdraw from the case
Any personal relationship that could compromise objectivity requires disclosure and recusal to avoid conflicts of interest.
Question 2: A claimant requests that their FCE report be shared only with their attorney and not the insurance carrier. How should the evaluator respond?
- Honor the claimant's request since they are the subject of the report
- Explain that report distribution is governed by the referral agreement and applicable law, not the claimant's preference (Correct answer)
- Withhold the report until legal counsel is consulted
- Send the report to all parties simultaneously without further discussion
Correct answer: Explain that report distribution is governed by the referral agreement and applicable law, not the claimant's preference
Report distribution is determined by the referral agreement, consent forms signed prior to evaluation, and applicable regulations, not unilateral claimant requests.
Question 3: Which behavior most clearly violates the principle of non-maleficence in FCE practice?
- Administering a standardized lifting test that causes temporary muscle soreness
- Pushing a claimant to perform beyond safe symptom-magnification limits to confirm malingering (Correct answer)
- Documenting inconsistent effort findings in the report
- Recommending work restrictions based on functional test results
Correct answer: Pushing a claimant to perform beyond safe symptom-magnification limits to confirm malingering
Forcing a claimant beyond safe limits to confirm suspected malingering risks physical harm and violates the duty to do no harm.
Question 4: An FCE evaluator is approached by a plaintiff attorney who offers a bonus for every evaluation that supports the claimant's disability claim. This arrangement is:
- Acceptable if the evaluator genuinely believes the claimant is disabled
- Acceptable as long as it is disclosed in the report
- A serious ethical violation that compromises evaluator independence (Correct answer)
- Acceptable if approved by the evaluator's employer
Correct answer: A serious ethical violation that compromises evaluator independence
Outcome-contingent fees create a financial incentive to bias findings and are prohibited under professional ethics standards.
Question 5: During an FCE, a claimant discloses active suicidal ideation. The evaluator's primary obligation is to:
- Note the disclosure in the report and continue testing
- Immediately halt the evaluation, ensure claimant safety, and follow mandatory reporting protocols (Correct answer)
- Refer the claimant to mental health services after completing the assessment
- Keep the disclosure confidential per HIPAA and complete the evaluation
Correct answer: Immediately halt the evaluation, ensure claimant safety, and follow mandatory reporting protocols
Imminent safety risk overrides testing goals; the evaluator must stop, secure safety, and follow duty-to-warn or mandatory reporting requirements.
Question 6: A referring physician asks the FCE evaluator to omit a finding from the report because it complicates the physician's legal case. The evaluator should:
- Omit the finding if the physician provides a clinical rationale
- Refuse and include all clinically significant findings in the report (Correct answer)
- Omit the finding but document it separately for personal records
- Request written authorization from the claimant before deciding
Correct answer: Refuse and include all clinically significant findings in the report
Selectively omitting findings at a referral source's request constitutes falsification and violates professional integrity standards.
Question 7: The principle of justice in FCE ethics most directly requires that the evaluator:
- Always advocate for the claimant's return to work
- Apply the same standardized protocols consistently regardless of who referred the case (Correct answer)
- Give claimants the benefit of the doubt when effort is questionable
- Charge the same fee to all referral sources
Correct answer: Apply the same standardized protocols consistently regardless of who referred the case
Justice demands fair, consistent application of evaluation standards regardless of which party (employer, insurer, or claimant) initiated the referral.
FCE Ethics & Professional Conduct 2
An FCE evaluator discovers mid-assessment that the claimant is a distant relative.
What is the most ethical course of action?