Seagraves v. Austin Co. of Greensboro

In Seagraves v. Austin Co. of Greensboro, 123 N.C. App. 228, 472 S.E.2d 397 (1996), the Court held that when an employee who has "sustained a compensable injury" and has been "provided light duty or rehabilitative employment is terminated from such employment for misconduct or other fault on the part of the employee, such termination does not automatically constitute a constructive refusal to accept employment so as to bar the employee from receiving benefits for temporary . . . total disability." Seagraves, 123 N.C. App. at 233-34, 472 S.E.2d at 401. Rather, this requires a further examination of whether the employee's loss of, or diminution in, wages is attributable to the wrongful act resulting in loss of employment, in which case benefits will be barred, or whether such loss or diminution in earning capacity is due to the employee's work-related disability, in which case the employee will be entitled to benefits for such disability. Id. at 234, 472 S.E.2d at 401.