McJunkin v. Cellasto Plastic Corp.

Does subsection 301(5) of the Worker’s Disability Compensation Act (wdca)1 require automatic renewal of benefits when a disabled employee revokes an unreasonable refusal of reasonable employment and the employer reneges? We find that it does. Hence, we affirm the result reached by the Court of Appeals, but modify its rationale.

We conclude that, where an employee ends a period of unreasonable refusal, subsection 301(5) requires reinstatement of disability benefits. The result does not change where, as here, the employment is no longer available when the period of unreasonable refusal ends.

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