Credible complaints of “severe, persistent, and prolonged pain” can establish a prima facie case of disability for purposes of the Longshore and Harbor Workers Compensation Act, even if the claimant is physically capable of performing his or her past work, a federal appeals court held Friday in a matter of first impression for the circuit.
The 9th U.S. Circuit Court of Appeals said it is not necessary to show that a worker is literally incapable of doing the job or of doing so only with “excruciating” or “torturous” pain.
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