Superior Industries v. Thomaston

I dissent because I find that the Commission applied the wrong standard in awarding the temporary total disability benefits. As correctly pointed out by the majority, the Commission stated that “the basis for claimant’s employment separation is irrelevant in determining claimant’s entitlement to temporary total disability benefits.” I find this statement to be contrary to the law of this state.

I believe that if Mr. Thomaston was terminated by appellee for cause then he is not entitled to benefits. The majority states that stricdy construing Ark. Code Ann. § 11-9-526, “the controlling fact in…