Eppling v. Schultz Dining Programs

Opinion

COLEMAN, J.

In this workers’ compensation appeal, the dis-positive question is whether an employee’s termination from employer procured selective employment permanently bars the employee from having her workers’ compensation benefits reinstated, when the reason for her termination was excessive absenteeism caused by non-work-related health problems. We find that the commission erred in permanently terminating Irma Eppling’s workers’ compensation benefits. The commission appears to have reached this erroneous result by misapplying our decision in Chesapeake & Potomac Telephone Co. v.…