Legal Question in Workers Comp in Pennsylvania

Back to work, though I am unable

I had a knee injury from my job as home-health/personal care aide. I also have fibromyalgia, which the injury flared up and caused disabling pain, the worst I have experienced in 15 years. I had my surgery, PT, and was told by my the dr. and my attorney to return to work.

At the hearing, the wc attorney tried to use the fibromyalgia against me but the judge asked if it interfered before with my job and I told him no.

I am unable to perform my job with the pain I am having and have applied to another place for p/t receptionist.

Will I lose my case if I say I cannot come back because of the fibromyalgia? The wc doctor is only interested in the knee injury and released me for full duty.

I already have started the SS disability forms just in case. I was on SSI years ago when I first became sick with chronic fatigue syndrome and have since then went back to school and have been working.


Asked on 4/06/08, 5:38 pm

1 Answer from Attorneys
James Monaghan Law Office of James V. Monaghan

Re: Back to work, though I am unable

When you are first injured, the insurance carrier issues a document called a Notice of Compensation payable. This lists, among other things, the description of your injury. If, during the course of the claim, it appears as though the description is incomplete then it is the claimant's burden to demonstrate the causal relation of the additional injury. In your case, you would need to prove that your aggravation of pre-existing fibromyalgia is due to the work injury and that it prevents you from returning to work. That is easier said than done but it would be achieved by the filing of a Review petition.

It certainly makes sense that you have applied for a position in a part time capacity however, depending on your age and education that could adversely affect your claim for social security disability. Nonetheless, if you can work in some capacity, you should strive to find a position that will accomodate you. If you have any questions, please feel free to contact my office.

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Answered on 4/07/08, 8:56 am


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