Is Carpal Tunnel Syndrome a Disability?
Carpal tunnel syndrome is often caused by persisting compression on a nerve that runs through your wrist area which can give you pain and dullness of the fingers, especially at night. Controversy exists as to whether carpal tunnel syndrome (Cts) is caused by work activities vs hobbies or some other medical conditions. If it can be proven to be caused by work and the case is severe enough, does this then allow the laborer to claim the injury as a disability, meaning it limits one of your major life activities?
Is Carpal Tunnel Syndrome a Disability?
Is Carpal Tunnel Syndrome a Disability?
Is Carpal Tunnel Syndrome a Disability?
Is Carpal Tunnel Syndrome a Disability?
Two cases reached similar decisions where it was decided that carpal tunnel syndrome does Not substantially limit a major life activity. In one case, a yield laborer was diagnosed with Cts resulting in pain and swelling in both her hands and wrists. The laborer wore splints, took medication and went to bodily therapy to deal with her injury. The manager took assorted steps to accommodate her condition, including granting her a medical leave of absence, placing her on a Light duty job and allowing her to go to two rehab work conditioning programs, referring her to the company's job placement branch and approving her replacement to the job of her choice. However, she was finally done for inordinate absences.
The court ruled that she was not "significantly restricted in her capability to achieve a class of jobs or a broad range of jobs in assorted classes as compared to similarly-situated persons with comparable training, skills and abilities." Therefore, she was "not substantially little in the major life operation of working." The court noted that because of her educational background, she was marvelous for numerous positions "not utilizing" the skills she learned as a yield worker. Just because she could no longer achieve repetitive premise work did not make her significantly little under the Ada.
The second carpal tunnel syndrome case complex a meat cutter for Farmland foods. The court determined Cts a permanent impairment (remember, an impairment is not necessarily a disability), but the health seemed to only forestall the laborer from performing a narrow range of meat packing jobs (similar to the yield laborer in the first case). The workers' compensation doctor only restricted the laborer from overhead reaching, which the business was willing to accommodate. The laborer then brought in a separate doctor's note stating he could not work in a cold environment, not cope meat products, and not achieve lifting of more than 20 lbs. Such jobs did not exist at the plant and the laborer was terminated. The court upheld the company's decision.
To be classified as a disability one must be little in the major activities of life (i.e. Seeing, walking etc..) but also the consummate Court recommend the following activities may be examined in determining whether the capability to achieve hand-operated tasks is "substantially" limited: Performing household chores, bathing, brushing one's teeth, preparation meals, doing laundry or dressing.
Is Carpal Tunnel Syndrome a Disability?Tags : Rechargeable Batteries | Green Battery Chargers | All Sharks
