BE & K. CONST. v. Abbott

KAUGER, J:

11 A single, first-impression, question of law 1 is presented:2 whether an employee, volunteering for inclusion in an employer-planned reduction in force, is entitled to post-termination temporary total disability benefits3 for an on-the-job injury. Under *40the facts presented, we determine that benefits are payable.

UNDISPUTED FACTS

T 2 On March 21, 2001, the petitioner, Dennis Abbott (Abbott/employee), while working for the respondent, B.E. & K. Construction (construction company/employer), was injured on the job. When the accident occurred, the employee was approximately thirty feet…