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MARTINES v. WORLEY & SONS CONST.

No. A05A1985.

628 S.E.2d 113 (2006)

278 Ga. App. 26

MARTINES v. WORLEY & SONS CONSTRUCTION.

Court of Appeals of Georgia.

Reconsideration Denied March 7, 2006.

Attorney(s) appearing for the Case

Smith, Wallis & Scott, Kenneth A. Smith, Carrolton, for appellant.

Michael A. Kessler, Cumming, for appellee.

SMITH, Presiding Judge.

We granted the claimant's application for discretionary appeal in this workers' compensation case to consider the scope of a "justified" refusal to accept a "suitable job" within the meaning of OCGA § 34-9-240. We conclude that an injured worker's refusal to accept a suitable job based on a legal inability to perform the job resulting from the worker's voluntary conduct, rather than a...

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