In Cristiano v. York Hunter Services, the Kings County Supreme Court denied a protective order to a plaintiff who was seeking to prevent the admission of a Functional Capacity Examination (FCE). The FCE is used generally to gage a person’s ability to return to work.
Plaintiff argued that the FCE is a novel scientific methodology that has not been shown to have been generally accepted by the relevant scientific community. The court rejected this argument by noting that the New York Appellate Division has previously held that FCEs are commonly relied on by physicians when making determinations on a patient’s ability to return to work. Therefore, the FCE was admissible.
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