ALJ Cannot Compel Worker to Attend Evaluation Requested by Employer

The Arkansas Court of Appeals ruled that an administrative law judge could not compel an injured worker to attend a functional capacity evaluation at the sole request of his employer. Case: Leaf Home Solutions v. Kunkel, No. CV-23-709, 11/06/2024, published. Facts: John Kunkel worked for Leaf Home Solutions. He injured his ankle at work in November 2020. Leaf accepted liability, paying medical benefits and temporary total disability benefits. Kunkel received treatment from Dr. Phillip Smith up until March 2021. In March 2021, Smith directed Kunkel to undergo a functional capacity evaluatio...