Tucker v. Cooper Standard Automotive, Inc.

I respectfully dissent from the majority’s decision to reverse on direct appeal. It is true that the Commission held that appellee failed to prove that appellant so unreasonably failed to cooperate as to completely waive or forfeit 11ghis right to any wage-loss benefits under Ark.Code Ann. § 11-9-505 (Repl.2002). That does not, however, mean that appellant’s lack of cooperation did not hamper the Commission’s ability to determine the extent of his disability. The Commission noted the extensive evidence of appellant’s inconsistent efforts during a functional-capacity evaluation, his…