Case Law Update | Reichert v. WCAB (Pa. Cmwlth. November 15, 2015) | PA Work Injury

November 15, 2015

CC: Affirm WCJ/WCAB determination that injury resulting from undergoing a functional capacity evaluation not work related “enough” to be within course/scope.

 

Claimant was out of work on disability for non-work injury.  Claimant wanted to return to work.  Employer required her doctor to do a fitness for duty certification, but he wanted her to undergo an FCE first.  She passed, but the test caused her such pain and discomfort that she could not go back to work after all.  Claimant argued that but for having to do the FCE, she would have been able to return to work.

 

Here, treating doctor, not employer, asked for the FCE.  And claimant did not have to take it, per CC (Leadbetter).

 

Holding: “Hence, an injury that arises while participating in a pre-requisite for employment is only work-related insofar as the event has the potential to alter the employment relationship by allowing the Claimant to return to employment, but it does not arise in the course of employment.”

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