Food Lion, Inc. v. Newsome

COLEMAN, Judge.

This appeal from an award of temporary total disability benefits by the Workers’ Compensation Commission concerns the effect of an employee’s being terminated for cause from selective employment provided by the employer upon the employee’s ability to cure the “constructive refusal” of selective employment. First, employer asserts that after a claimant cures an unjustified refusal of employer-provided selective employment, a future justified refusal of the curative employment is, in effect, a continuation of that pre-cure refusal for which the employer should have no liability.…