The Role of a Deposition in Functional Capacity Evaluations

It can be intimidating to think about participating in a deposition related to your Functional Capacity Evaluation (FCE) report. You find yourself sitting in a law office surrounded by attorneys, paralegals, and a court stenographer. You’re asked to raise your right hand and swear to tell the truth. This moment alone can cause many clinician's heart rate to rise. It’s a stressful experience—especially if it’s your first time.

First rule of advice: take a deep breath.

Remember that as clinicians, honesty and objectivity are ingrained in our professional DNA. When all is said and done, your FCE report should speak for itself. Your role in the deposition is to clarify and explain the information contained in that report, not to defend it emotionally, but to describe your professional process calmly and factually.

An evidence-based FCE can be powerful objective evidence in a workers' compensation case. It provides measurable data about a client’s physical capabilities, limitations, and effort. However, it’s important to understand that your deposition can validate that evidence, if your documentation is consistent and credible, or undermine it, if errors or bias are revealed.

As an FCE provider, always keep in mind that your report is a legal document, particularly in workers’ comp and personal injury cases. Attorneys may call you for deposition to:

• Clarify your test methodology
• Discuss the reliability and validity of your testing
• Explore potential biases
• Address inconsistencies in your documentation

Ultimately, the purpose of the deposition is to ensure that the functional capacity evaluation is admissible as medical evidence in court.

Common Deposition Questions

During a deposition, attorneys are evaluating more than just your answers—they are assessing your professionalism, objectivity, and the defensibility of your methodology. The questions below are common in functional capacity evaluation depositions and are designed to explore how your conclusions were formed and whether they are supported by objective evidence.

Approach each question calmly, stay within the scope of your report, and rely on the documentation and data you collected at the time of the evaluation.

(Including both functional tests and any psychometric questionnaires.)

This question focuses on whether your testing battery was appropriate and clinically justified. Be prepared to explain how each test relates to the referral question, job demands, or functional requirements being evaluated.

Attorneys want to understand that:

• Your test selection followed an evidence-based or standardized protocol
• Tests were chosen based on diagnosis, medical history, and safety considerations
• Each test served a specific purpose in evaluating functional capacity

Your response should demonstrate clinical reasoning.

This is often one of the most critical areas of questioning.

Avoid subjective statements or assumptions about intent. Instead, focus on objective measures of consistency of effort, such as:

• Repeated task performance and variability of results
• Built-in consistency checks within the FCE protocol
• Observable physiological or behavioral responses documented during testing

Your role is not to label motivation, but to describe what the data shows and how effort was evaluated using objective criteria.

This question examines whether your conclusions are supported by a defensible methodology.

Be prepared to discuss:

• Validity indicators embedded within the FCE protocol
• Cross-comparisons between tests measuring similar physical demands
• Consistency between observed performance, test results, and documentation

Validity is established through patterns of performance across the evaluation, not a single test result, and your explanation should reflect that.

Pain reliability does not mean determining whether pain is “real.” It refers to the consistency between reported pain and observed functional performance.

Attorneys may explore:

• How pain reports were documented throughout the evaluation
• Whether pain behaviors remain consistent across tasks and over time
• How subjective reports aligned with objective performance measures

Neutral, respectful language is essential. Stick to observable findings and clearly documented measures, without offering opinions outside the scope of the evaluation.

This question often attempts to distinguish data-driven findings from patient perception.

A well-supported response emphasizes that:

• Objective measures formed the foundation of your conclusions
• Subjective reports were documented and considered as part of the overall clinical picture
• Final opinions were based on the totality of evidence, with clear differentiation between measured performance and self-reported symptoms

This demonstrates balanced clinical judgment and reinforces the objectivity of your evaluation.

What to Do When You Receive a Deposition Notification

Receiving a notice in the mail that you are being summoned for a deposition can feel overwhelming, but preparation is key. Here’s what to do once you receive that notification:

Contact the attorney

Reach out to the attorney listed in the notice to schedule the deposition at a mutually convenient time and location. Clear communication helps avoid conflicts and demonstrate professionalism.

Establish financial reimbursement

Confirm compensation for your time away from patient care. This typically includes preparation time, travel, and the deposition itself. Clarifying this in advance prevents misunderstandings.

Review your functional capacity evaluation (FCE) report

Carefully review your original report, including all test results and conclusions. Refresh your understanding of the evidence-based research that supports the protocols and psychometric questionnaires you used. Be prepared to clearly explain your clinical reasoning for selecting and administering each test.

Review consistency of effort and pain reliability measures

Go over every consistency of effort and pain reliability measure documented in your report. Make sure you can confidently describe the purpose of each test, how it was performed, and what the results indicate.

Reach out for support

If you need research articles, supporting documentation, or advice, contact us at OccuPro. We're here to provide guidance and resources to help you feel confident and prepared.

What Not to Do in an FCE Deposition

Even experienced clinicians can feel unsettled during a deposition. Knowing what not to do is just as important as knowing how to prepare. The points below help protect your credibility and keep your testimony aligned with best clinical and legal practices.

Don’t speculate or go beyond your report

If something is not documented in your FCE, do not introduce new opinions during the deposition. Avoid guessing, hypothesizing, or filling in gaps after the fact. If asked about something outside the scope of your report, it is appropriate to state that it was not assessed or was not part of your evaluation.

Don’t argue with attorneys

Depositions are not debates. Attorneys may challenge your methods or ask questions that feel repetitive or adversarial. Remain calm, professional, and factual. Your role is to explain your process and findings—not to persuade or defend them emotionally.

Don’t use subjective or loaded language

Avoid phrases that imply judgment or intent, such as “exaggerating,” “faking,” or “not trying.” Instead, rely on objective descriptions of performance, consistency measures, and observable behaviors that are clearly documented in your report.

Don’t advocate for either party

Your credibility rests on neutrality. Avoid statements that appear to support the employer, insurer, or claimant. Frame all of your answers around objective data, standardized testing, and clinical observations.

Don’t answer questions you don’t understand

If a question is unclear, overly complex, or combines multiple ideas, ask for clarification before responding. It is entirely appropriate to request that a question be rephrased.

Don’t rush your answers

Take your time when answering and pause before responding. Listen carefully to the question and answer only what is asked. Clear, measured responses reduce the risk of misstatements or unintended interpretations.

Don’t minimize the importance of preparation

A deposition is not something to “wing.” Failing to review your FCE report, effort measures, and validity criteria beforehand can undermine even a well-performed evaluation. Preparation reinforces confidence and consistency.

Final Thought

Approach the deposition as an opportunity. Not a threat. It’s your chance to demonstrate professionalism, objectivity, and clinical expertise. Good preparation will provide you with the confidence you need to stand behind your professional judgement and provide credible, objective testimony. When your FCE is well-documented, evidence-based, and performed with integrity, the facts will stand on their own.