Templeton v. Dollar General Store
2014 Ark. App. 248
Ark. Ct. App.2014Background
- Lecia Templeton, 51, worked ~4 years at Dollar General, promoted to "third key" management; retail experience and limited formal education.
- She underwent three back surgeries; after the third (April 2011) she had ongoing pain, leg numbness/weakness, limited lifting (5–10 lbs), and need to sit/stand/lie as needed per Dr. Ricca (15% whole‑body impairment assigned).
- Employer provided accommodations: sedentary/light duty, allowed lying in her truck, brought a third employee to assist, and offered cashier duties; a functional‑capacity evaluation found she could perform sedentary work.
- Templeton resigned in December 2011, citing pain, humiliation, and fear of further surgery; she acknowledged in deposition that her duties were within restrictions and that she had no intention of seeking other work.
- The ALJ and Workers’ Compensation Commission found she received a 15% whole‑body impairment and denied additional wage‑loss or total permanent disability benefits, concluding she voluntarily quit and lacked motivation to return to work.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dollar General’s modified employment was a bona fide offer | Templeton: accommodations were inadequate; work still required bending/twisting and public lying down was not allowed | Dollar General: provided sedentary work, additional help, and allowed lying in truck; duties were within restrictions | Commission: modified employment was bona fide; reasonable accommodations existed |
| Whether Templeton is permanently and totally disabled | Templeton: ongoing symptoms and limitations prevent earning meaningful wages | Employer: functional capacity supports sedentary work; she could earn at least entry‑level wages | Commission: she failed to prove inability to earn meaningful wages; not totally disabled |
| Whether Templeton is entitled to wage‑loss disability in excess of the 15% impairment | Templeton: wage loss occurred due to reduced capacity after injury | Employer: she returned to work, had sedentary capacity, and voluntarily quit; therefore no additional wage‑loss award | Commission: denied additional wage‑loss because she voluntarily resigned and lacked motivation to pursue employment |
| Whether refusal of suitable employment bars benefits under Ark. Code § 11‑9‑526 | Templeton: disputed whether she refused suitable work because accommodations were inadequate | Employer: she effectively refused continued suitable employment by resigning | Commission: resignation amounted to voluntary termination/refusal; benefits barred beyond impairment award |
Key Cases Cited
(No authorities with official reporter citations appear in the opinion; only Arkansas Appellate slip opinions were cited.)