Friday, May 23, 2003

Commonwealth Court distinguishes Chavis in Case Where Claimant's Chronic Pain Is Not Aggravated by Modified Job Duties

In S. Brobst v. WCAB (Schuylkill Products, Inc.) the WCJ rejected the Claimant's testimony he could not perform a light duty job on credibility grounds. The Claimant appealed citing Chavis v. W.C.A.B. (Port Authority of Allegheny County) 598 A.2d 97 (1991) for the proposition that the job was not available when he could not perform the job without chronic pain. The Court observed the credible medical testimony established only that the Claimant would have chronic pain with fatigue. The Court distinguished Chavis because in that case the duties of the job aggravated the Claimant's condition. The decision of the WCJ suspending benefits was affirmed.

No comments: