Workers’ Compensation – Presumption of Continuing Disability – Back Injury – Fibromyalgia

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Thompson v. Fedex Ground/RPS, Inc. (Lawyers Weekly No. 11-07-1170, 13 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Click here for the full-text opinion.

Holding: Even though defendant admitted the compensability of plaintiff’s back injury and the Industrial Commission entered a prior award regarding plaintiff’s back condition, plaintiff was not entitled to a presumption of continuing disability as to her claims of fibromyalgia and myofascial pain syndrome.

We affirm the Commission’s denial of benefits for plaintiff’s fibromyalgia and myofascial pain syndrome.

A doctor testified that plaintiff’s complaints of fibromyalgia and myofascial pain syndrome were psychologically induced and unrelated to her work injury. This testimony was competent to support the Commission’s denial of benefits.