Petitioner is not entitled to temporary disability benefits when he cannot establish any promise or prospect of employment that he must forego due to his work injury.

Finding the petitioner “somewhat lacking in candor,” the Judge of Compensation also found that the record was devoid of evidence that the petitioner had any promise or prospect of employment that he had to forego due to his disability; therefore, under Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div. 2006), he was not entitled to temporary disability benefits. The Appellate Division affirmed the Judge of Compensation’s conclusion that the petitioner was not entitled to temporary disability benefits because he was neither offered employment after he was terminated for cause nor declined employment because of his work-related injury.

_{Case Law Alerts, 2^nd Quarter, April 1, 2016}

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