All parts of a statute must be construed to have meaning because the law neither does nor requires idle acts. Thus, for example, if an injured employee is presented with the possibility of surgery, but the surgery carries with it attendant risks, the employee may refuse the surgery if it is reasonable to do so. An injured worker should have reasonable discretion in participating in any medical treatment that creates other risks to his health. The statute says benefits may be suspended if the employee refuses to reasonably participate in treatment. This language contemplates the Bureau may compel the employee to undergo examination or testing, without discretion to refuse.
Treatment is by nature therapeutic.
The test includes hand coordination, grip strength, lifting, carrying, crawling, and walking. Although Theige involved suspension of benefits for an invalid FCE result, that case is clearly different. The physical therapist who conducted the two FCEs testified Theige had attempted to manipulate the test results. The ALJ and the Bureau found Theige had intentionally obstructed the test. In this case, there was no testimony that Ali attempted to intentionally manipulate the FCE results, and the Bureau specifically found she did not intentionally obstruct the FCEs.