Lowe v. Drivers Management

Robert Lowe (plaintiff) sustained a workplace injury while employed by Drivers Management, Inc. (DMI) (defendant). The injury resulted in neck and radicular arm pain, and Lowe filed a claim for workers’-compensation benefits. Lowe was initially awarded permanent-partial-disability benefits and was ordered to participate in vocational rehabilitation, including job-placement services. A vocational-rehabilitation counselor attempted several times to contact Lowe, but he ignored the counselor’s calls and letter and never availed himself of the job-placement services. A few months later, Lowe began seeing a new doctor because of increased pain and filed an application to modify the initial award, claiming total disability. A workers’-compensation judge found that Lowe failed to participate in court-ordered vocational rehabilitation without reasonable cause and reduced the benefits awarded to Lowe for the period before the modification proceeding. The judge also determined, however, that there had been a material change in Lowe’s condition and that Lowe had become permanently and totally disabled. The judge found that Lowe’s permanent total disability constituted reasonable cause not to participate in vocational rehabilitation after the modification proceeding and did not reduce Lowe’s benefits going forward. A review panel affirmed the determination with respect to Lowe’s permanent total disability and reversed the reduction in Lowe’s permanent-partial-disability benefits for the period before the modification proceeding. DMI appealed, arguing that the review panel should not have reversed the reduction in permanent-partial-disability benefits for the period before the modification proceeding. DMI also argued on appeal that if Lowe had complied with the placement plan, which identified available jobs, Lowe would have been working at the time of the modification hearing and could not have been adjudged totally disabled.