Mahan v. Clarkson Construction Co.

Greene, J.:

Clarkson Construction Company and ACIG Insurance Company appeal the Workers Compensation Board’s award of work disability to Ronald E. Mahan, arguing that Mahan’s failure to exercise good faith in retaining his employment should have precluded the award. We agree, reverse the award, and remand with directions.

Factual and Procedural Background

Mahan injured his back during his employment by Clarkson but *318tested positive for cocaine in the postaccident drug test. As a result of the test result, Mahan was terminated but advised that he would be eligible for continued employment by…