Arizona Department of Public Safety v. Industrial Commission

OPINION

ZLAKET, Justice.

We accepted review to determine whether, and to what extent, termination of post-injury employment for misconduct affects an employee’s right to recover workers’ compensation benefits for loss of earning capacity arising out of the earlier industrial injury. We also briefly address the consequences of an employee’s post-injury return to work at his or her previous place of employment. We seek to resolve the apparent conflicts between the court of appeals’ opinions in these cases.

THE GIBSON CASE

On December 22, 1977, Daniel T. Gibson sustained a work-related neck injury…