Legal Opinion · Concurrence

Wise v. City of Adel

Court of Appeals of Georgia

Decided April 19, 1990No. A90A0671Published

1ConcurrenceBeasley, Judge

It should be noted that what we are holding is that the justification for the employee’s refusal need not be a lack of physical capacity for the job in its circumstances. In Clark v. Ga. Kraft Co., 178 Ga. App. 884 (345 SE2d 61) (1986), the refusal was based on mental capacity; the employee was physically capable for the job, but his mental capacity exceeded its demands and career potential, so the board could find it not “suitable to his capacity.”

In McDaniel v. Roper Corp., 149 Ga. App. 864 (256 SE2d 146) (1979), on the other hand, the refusal was not related to capacity at all; the…

2Cases cited3 opinions

  1. Clark v. GEORGIA KRAFT COMPANYCourt of Appeals of Georgia · 1986
  2. Poulnot v. Dundee Mills Corp.Court of Appeals of Georgia · 1985
  3. McDaniel v. Roper CorporationCourt of Appeals of Georgia · 1979

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