Richfood, Inc. v. Williams

MOON, Chief Judge.

Appellants, Richfood, Inc. and Old Republic Insurance Company, appeal the commission’s decision to award James A. Williams temporary partial disability benefits based on its finding that Williams cured his “constructive refusal of selective employment.” We find that Williams’s employment with Richfood, Inc. was terminated because of his failure to pass a drug screening as a condition of employment pursuant to a written agreement, and we hold that because such termination was for cause, any subsequent wage loss was due to Williams’s wrongful act rather than his disability,…