Legal Opinion

Ark. Highway & Transp. Dep't v. Work

Court of Appeals of Arkansas

Decided December 5, 2018No. CV-18-472PublishedCited by 11 opinions

1Opinion of the Court

Although he reported and/or demonstrated numerous functional limitations during his evaluation, he also exhibited numerous inconsistencies which invalidated his entire evaluation. Therefore, his current functional status remains unknown at this time due to his failure to produce sufficient objective data to substantiate his reported and/or demonstrated limitations.

Although Dr. Mangels subsequently assigned the claimant permanent restrictions, he indicated in his May 15, 2017 report:

Basically the functional capacity evaluation is unreliable and we can't really use it. I can't use it to give…

2Cases cited9 opinions

  1. Prock v. Bull Shoals Boat LandingSupreme Court of Arkansas · 2014
  2. SSI, INC. v. CatesCourt of Appeals of Arkansas · 2009
  3. Martin Charcoal, Inc. v. BrittCourt of Appeals of Arkansas · 2008
  4. Parker v. Atlantic Research Corp.Court of Appeals of Arkansas · 2004
  5. Lee v. Alcoa Extrusion, Inc.Court of Appeals of Arkansas · 2005

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3Cited by11 opinions

  1. Arkansas Department of Transportation and Arkansas Insurance Department, Public Employee Claims Division v. John Abercrombie and Death and Permanent Total Disability Trust FundCourt of Appeals of Arkansas · 2019
  2. Tina L. Melius v. Chapel Ridge Nursing Center, LLC, and Amtrust North America InsuranceCourt of Appeals of Arkansas · 2021
  3. Ark. Dep't of Corr. v. JacksonCourt of Appeals of Arkansas · 2019
  4. City of Fort Smith and Central Adjustment Co., Inc. v. Trina A. KaylorCourt of Appeals of Arkansas · 2019
  5. Kymira Gant v. First Step, Inc., and Risk Management ResourcesCourt of Appeals of Arkansas · 2023

6 more not listed; retrieve them via the Exa API.

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