Schlenker v. Boyd's Drug Mart

MILLER, Justice.

In this opinion, we affirm a circuit court’s reversal of a Department of Labor decision in a worker’s compensation case and hold that Department erred when it denied permanent total disability benefits to a claimant until she completed a pain clinic program.

FACTS/PROCEDURAL HISTORY

It is undisputed that in August, 1982, claimant (age 42 at the time of the proceedings before Department) severely injured her back while working for employer. Although she initially returned to work, she ceased working upon the medical advice of a neurosurgeon. She ultimately underwent two…