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Lawrence v. United Parcel Service9/12/2003
at the time, he agreed that claimant should enroll in a GED program because of his expressed interest in attending college. Mayeux testified that claimant never enrolled in either the vocational school or the GED program.
Mayeux stated that he received claimant's medical information from Dr. Whitecloud, who had recommended that claimant participate in physical therapy and work hardening. Mayeux located the North Louisiana Rehabilitation Hospital (NLRH) in Ruston and contacted claimant, who toured the facility. Mayeux stated that claimant insisted on attending physical therapy at the Liberty Mutual facility in Boston, but the insurer denied this request. Mayeux testified that he conducted a labor market survey to find jobs that would fit within claimant's physical restrictions.
The claimant testified that he told Mayeux that he wanted a job with a salary equal to his wage at UPS. Claimant stated that he was unable to do algebra or geometry, but could multiply and read a newspaper. He testified that he requested therapy in Boston because the Liberty Mutual Center seemed like a better facility than the NLRH. Claimant acknowledged that he never tried to enroll in vocational technical school or in a GED program and did not attempt physical therapy at NLRH. Claimant testified that when he was in pain, he sometimes felt depressed and was irritable, impatient and did not get along with others.
In March 1991, Dr. Paul Ware, a psychiatrist, performed a psychiatric evaluation of claimant. Dr. Ware diagnosed claimant as having adjustment disorder of adulthood with depressed mood. Dr. Ware reported that claimant expressed symptoms of clinical depression and prescribed anti-depressant medication. Dr. Ware opined that claimant's depression would respond to supportive therapy and medication.
The claimant contends the Comeaux case required the WCJ to consider a number of factors in addition to physical limitations in the determination of his PTD status, including age, literacy, skills, experience, likelihood of rehabilitation and psychological condition. However, contrary to claimant's contention, in Comeaux, the supreme court expressly declined to extend to permanent total disability cases the "totality of factors" standard stated in Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52 (La. 1993), which addressed supplemental earnings benefits. Rather, the supreme court stated that the issue of whether or not claimant had successfully attempted the rehabilitation required by R.S. 23:1226 was a proper factor to consider along with physical incapacity in deciding claimant's disability status.
Claimant argues that given his symptoms of chronic pain, depression and his limited academic ability, he is effectively incapable of being educated or retrained and could not successfully attempt rehabilitation. However, the expert witness testimony does not support claimant's argument. Dr. Hearn opined that at the time of his evaluation, claimant was unable to perform even sedentary work on a consistent basis. Nevertheless, Dr. Hearn testified that he would encourage rehabilitation to enhance claimant's educational level and that claimant possessed the intelligence to improve his academic skills. Additionally, although Dr. Ware opined that claimant showed symptoms of depression, he did not indicate that claimant's condition would prevent him from working. To the contrary, Dr. Ware stated that claimant's condition should respond to treatment.
The evidence presented demonstrates that the defendants' vocational rehabilitation consultant, Dr. Mayeux, offered claimant the opportunity to attend vocational technical school and to participate in physical therapy at a local
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