United States District Court, E.D. Pennsylvania
NITZA I. QUIÑONES ALEJANDRO, District Judge.
AND NOW, this 28th day of January 2014, upon consideration of the parties' cross-motions for summary judgment [ECF 14, 16], responses in opposition to the cross-motions for summary judgment [ECF 17, 19], Plaintiff's reply [ECF 26], Defendant's statement of undisputed facts [ECF 14-1] and Plaintiff's response to Defendant's statement of undisputed facts [ECF 18], Plaintiff's complaint [ECF 1], Defendant's answer to the complaint [ECF 4], all the attachments to the motions and pleadings, and consistent with the memorandum opinion filed on this date, it is hereby ORDERED that:
1. Defendant's motion for summary judgment is DENIED.
2. Plaintiff's motion for summary judgment is GRANTED, in part.
3. This matter is remanded and Defendant is directed to conduct a functional capacity evaluation ("FCE") consistent with the recommendations of Linda Miller, M.D. Plaintiff is to submit to this FCE, which is to be performed at a mutually agreed upon date within the next sixty (60) days.
4. If warranted, the FCE results should be referred to the appropriate consulting experts for a ...