Not always. My take is that a claimant may be released to full duty by their doctor, but this doesn’t equate to being symptom free. Being able to perform one’s job without medical restrictions imposed by a treating doctor does not mean they won’t experience pain or soreness or stiffness when engaging in the job. I think attorneys need to stay aware of this distinction b/c I often hear the two lumped together. Like most issues, it’s a case by case basis and you can always write to the doctor to ask for a clarification if need be.
Email Michael W. Cardamone with any questions. Michael@cardamonelaw.com