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Lawrence v. United Parcel Service9/12/2003
facility. However, the claimant failed to enroll in a vo-tech school or a GED program and refused to attend physical therapy at NLRH, despite the recommendation of his treating physician. Thus, unlike the injured worker in the Comeaux case, claimant cannot show that he attempted rehabilitation and was unsuccessful. To the contrary, the testimony suggested that the claimant would have benefitted from vocational training and physical therapy if he had made a reasonable effort. Nor did claimant show that his depression was so severe as to prevent him from participating in rehabilitation or from performing strenuous activities when he so chose.
Based upon this record, the WCJ could reasonably have found that claimant failed to establish by clear and convincing evidence that he was physically unable to perform any employment, including while working in pain, and that claimant failed to cooperate with reasonable rehabilitation efforts. Consequently, we cannot say the WCJ was clearly wrong in denying PTD benefits to the claimant. The assignment of error lacks merit.
CONCLUSION
For the foregoing reasons, the judgment of the Office of Workers' Compensation is affirmed. Costs of this appeal are assessed to the claimant, Andrew Lawrence.
AFFIRMED.
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