Worker Gets Wage-Loss Benefits Despite Failure to Participate in Voc-Rehab

The Arkansas Court of Appeals upheld an award of wage-loss disability to a worker who declined participation in an employer-offered vocational-rehabilitation program. Sylvia Tillery injured her back while working as a custodian for the Alma School district. She received both conservative and surgical treatment for her injury. Dr. James Blankenship eventually determined Tillery was at maximum medical improvement and assessed a 13% impairment rating. The district accepted the assessment and began paying permanent partial disability benefits. Tillery then underwent a functional capacity ...