Functional Evaluations
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Legal & Medical
Provide Unbiased, Objective, Reproducible and Valid Client Assessment(s):
  • Meet federal rules of evidence.
  • Meet statistical standards for test-retest reliability.
  • Observe a stated validation criterion.
  • Provide scientific basis regarding conclusions.
Daubert Decision
  • With 52% legal involvement in the medical community, the need for factual evidence has never been greater!
  • Medical/Allied Professionals can no longer only stand solely by their credentials- their opinion needs to be supported by scientific data.
  • Functional Objective Data meets the required federal rules of evidence.
Functional Evaluations
In the changing health care climate, we need to document and prove what we do and why we do it. A herniated
disc alone does not constitute a serious injury. The current paradigm necessitates proven functional and
physical loss in order to constitute a serious injury.

Insurance Law 5102(d) Defines Serious Injury as

"Permanent consequential limitation of use of a body organ or member; [and] significant limitation of use
of a body function or system"

A plaintiff's pain must be medically determined and meet the 90 out of 180 day rule outlined in Insurance Law Section
5102(d) in order to be considered a serious injury

Supreme court cases with good objective medical evidence

Supreme Court cases without good objective medical evidence

Legal Framework for Functional Evaluation
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