Christiansen v. Metro Building Supply, Inc.

Opinion

MOON, C.J.

Robert Christiansen, Jr. appeals from a decision of the commission denying him temporary (total/partial) disability benefits, holding that he could not cure his prior unjustified refusal of employer-procured selective employment. We affirm the commission’s denial of benefits upon claimant’s current application. We hold, however, that a claimant who has not engaged in willful misconduct may cure a prior unjustified refusal of employer-procured selective employment.

Christiansen suffered a right elbow injury from an industrial accident. His employer, Metro Building Supply, Inc.…