Martines v. Worley & Sons Construction

SMITH, Presiding Judge.

We granted the claimant’s application for discretionary appeal in this workers’ compensation case to consider the scope of a “justified” refusal to accept a “suitable job” within the meaning of OCGA § 34-9-240. We conclude that an injured worker’s refusal to accept a suitable job based on a legal inability to perform the job resulting from the worker’s voluntary conduct, rather than a lack of skill or physical capacity, is not justified as a matter of law. We therefore affirm the judgment of the superior court.

The facts of this case are not in dispute. While working for…