Artis v. Ottenberg's Bakers, Inc.

CLEMENTS, J.,

with whom FITZPATRICK, C. J., BENTON, ELDER and ANNUNZIATA, JJ., join, dissenting.

For the reasons that follow, I would hold that the commission erred in denying Artis’s claim for temporary partial disability benefits following his termination from selective employment provided by employer. Hence, I respectfully dissent from the majority’s analysis and conclusion.

The sole issue before the commission was whether Artis was entitled to partial disability compensation following his termination from selective employment. Concluding, as the majori*94ty notes, “that Artis failed to carry…