Curtis W. PLANK, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

This is an appeal from a district court judgment affirming the Secretary’s decision to terminate the claimant’s benefits. The Secretary determined that the claimant wilfully failed to follow prescribed medical treatment. For the reasons set forth below, the decision of the district court is affirmed.

Claimant, Curtis Plank, was awarded a period of disability benefits beginning September 8, 1977 when he was injured by a bag of wet cement that fell five stories from a building under construction. The falling bag struck Plank on the back and neck.

Plank consulted Dr. Donald Blair after he was…