In spite of all the recommendations from treating doctors, after consulting with his attorney and Dr. Ertz, Weidmann refused the treatment program. Because Weidmann depended on expert opinion that had no factual foundation, his refusal to participate in the program was unreasonable. Wiedmann s reliance on advice of counsel is likewise unreasonable. Therefore, under Schlenker, he has failed to establish a prima facie case for odd-lot benefits. A claimant cannot claim to be permanently and totally disabled because of debilitating pain and then refuse to participate in the only medical program designed to address his condition.
Judgment is affirmed.
This condition is commonly seen in the general population without causing pain. To each question, the subject must answer true, false or cannot say. The subject s answer sheet is then scored by various keys that have been standardized on different diagnostic groups and personality types. Wiedmann was evaluated by Dr. Lynn Meiners on August 27, 1996. She also concluded that Wiedmann s depression increased in proportion to the number of hours he worked.