Legal Question in Workers Comp in Pennsylvania

No accomadations for Migraines-Now What?

I am an assist. manager at a retail store. I mentioned on my application and in the interview process about my migraines.

We have new candle type items at the store that produces strong and enveloping odors. Smells are my #1 trigger. I can't get away from scents since the store is only 89x 89 square feet. I would not have taken this job if they were present when I started.

I was written up due to missing work from smell induced migraines (I even gave them DR notes).

Since the store won't remove the candles and I am trapped there with the odor and I get a migraine every day I am at work. My meds make my sleep and cannot take them at work nor am I allowed to leave early.

Today, my Dr stated in a letter there is no possible accomadation for this situation and is willing to sign any paperwork I need. I have only been there 6 mo. and don't think I am eligible for FMLA.

What can I do to protect myself?


Asked on 4/21/09, 6:33 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: No accomadations for Migraines-Now What?

Depending on the strength of your Doctor's testimony, you should have a clear case of occupational exposure under section 306(c) or 108(n) of the Workers' Compensation Statute.

In cases of exposure to silica or chicken droppings, Courts have said that there is a prophylactic rule such that if you are near an irritant, you cannot work and once the iritant is removed, you can again work.

Discuss the matter with experienced WC Claimants' Counsel.

Good Luck.

TV

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Answered on 4/22/09, 10:47 am


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