Posted on Wed, Aug 11, 2010 @ 10:16 AM
In case you do not already know, here at Matheson we host a free monthly medico-legal webinar on recent court rulings involving functional capacity evaluations or post-offer pre-employment tests that are in the domain of either the Americans with Disabilities Act (ADA) or the Employment Retirement Income Security Act (ERISA). (Note: Roy does present webinars every once in a while on other subjects as well, such as Understanding MET Testing in a Functional Capacity Evaluation and Using Methods-Time Measurement (MTM) within a Functional Capacity Evaluation. So, be sure to keep an eye out for those as well!)
These webinars are hosted by Roy Matheson, president of Roy Matheson and Associates (a.k.a. Matheson System). As Roy states during every webinar, he is not a clinician... He is someone who is passionate about these subjects - and has been for over 20 years - and who enjoys reading these court rulings and making these important rulings known to not only our students or graduates, but to any FCE or Post-Offer evaluator who would like to join in. At the end of every webinar, Roy answers questions that participants have - and they are usually very good ones!
So, if you are interested, be sure to check back at www.roymatheson.com/free-webinars for a link to register to upcoming webinars. Our FCE or Post-Offer Court Case webinars are held every first Thursday of the month at 2 p.m. EDT.
If you have missed any, there is also a list of archived webinars in which you can watch "on-demand" (for free of course).
Below is a "MediaRoll" of all of our past webinars, which are stored on Screencast for your more-convenient-and-faster viewing pleasure. Click on one to start viewing the webinar!
Note: if you do not have the latest version of Flash, you will not see the below MediaRoll.... sorry :(.... {This doesn't apply to the actual webinars, just the graphic below}
Thanks for your interest and continuing support! Hope to "see" you in one (or all!) of our upcoming webinars!
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Posted on Mon, Jul 12, 2010 @ 10:58 AM
The process of prepping for a medico-legal webinar may be of interest to you. On the first Thursday of every month we do a 90-minute session on the latest activity in the federal courts in the area of Functional Capacity Evaluation (FCE) or Post-Offer, Pre-Placement Testing (POET or PPT).
The case I have selected for the August 5th webinar is actually a state case. The State of California, through its Department of Fair Employment and Housing (DFEH) branch, has settled an employment disability administrative complaint against Loma Linda University Medical Center (LLUMC). The settlement agreement included a $259,854 disbursement to ten job applicants/claimants.
The root of this action stems from LLUMC's requirement that applicants for the following positions participate in a post-offer nerve conduction study: patient care assistant, referral assistant, phlebotomist, case manager, unit secretary, records representative, practitioner-resident and financial counselor.
The key issue in this case, as in the Indergard v. Georgia Pacific case in the federal courts, is the use of a test not directly tied to a physical demand of an essential function of the job(s) in question. This issue is driving reform of the FCE marketplace in the United States.
The steps I take to prepare for the 90-minute presentation include: (1) selecting a case, (2) obtaining a copy of the settlement agreement or the court's published opinion, (3) requesting supporting documents that will assist me to understand the issues, and (4) talking with the therapist or evaluator involved in the case.
Today I requested three documents from the State of California's Department of Fair Employment and Housing: LLUMC's pre-employment, post-offer physical exam policy, any job analyses of the positions that required the nerve conduction tests and LLUMC's nerve conduction test policy.
I also requested copies of job descriptions and job announcements for the positions that required nerve conduction studies.
Please join me, on August 5th at 2 p.m. EDT, for the webinar: Loma Linda Settles Post-Offer Case for $260,000.
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In my next post I will review the half-dozen federal cases that are shaping reform of the practice of Functional Capacity Evaluation in the United States.
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