In the recent case of World Kitchen Inc. v. W.C.A.B. (Rideout), the Commonwealth Court considered the issue of whether a claimant’s testimony alone, regarding her subjective limitations due to pain, can be sufficient to defeat a modification petition supported by an employer’s expert medical testimony. While one would think that an employee’s credible testimony is the best evidence of functional ability, the court was not convinced. Moreover, the case proves the adage that bad facts make bad law.
Reviewing the facts of Rideout , we find that the claimant had worked for her employer for more than 16 years before sustaining a work-related back injury on Sept. 26, 2005, according to the opinion. The claim was only accepted following claim petition litigation.
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