N.C. Gen. Stat. » Chapter 97
NC General Statutes

N.C. Gen. Stat. § 97-32 (2026)

Refusal of injured employee to accept suitable employment as suspending compensation

✓ current as of July 2026
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If an injured employee refuses suitable employment as defined by G.S. 97-2(22), the employee shall not be entitled to any compensation at any time during the continuance of such refusal, unless in the opinion of the Industrial Commission such refusal was justified. Any order issued by the Commission suspending compensation pursuant to G.S. 97-18.1 on the ground of an unjustified refusal of an offer of suitable employment shall specify what actions the employee should take to end the suspension and reinstate the compensation. Nothing in this Article prohibits an employer from contacting the employee directly about returning to suitable employment with contemporaneous notice to the employee's counsel, if any. (1929, c. 120, s. 32; 2011-287, s. 12.)

 

Notes of Decisions
Cited in 67 cases (3 in the last 5 years), 1952–2026 · leading case: Peoples v. Cone Mills Corp., 342 S.E.2d 798 (N.C. 1986).
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Peoples v. Cone Mills Corp., 342 S.E.2d 798 (N.C. 1986). · cites it 42× “§ 97-2(9), because Cone offers plaintiff employment consistent with his medical limitations at no reduction in salary; and (2) N.C.G.S. § 97-32 bars plaintiff from compensation because he is not justified in refusing tendered employment suitable to his capacity.”
McRae v. Toastmaster, Inc., 597 S.E.2d 695 (N.C. 2004). · cites it 8× “2d 397 ; see also N.C.G.S. § 97-32 (2003) (refusal of injured employee to accept suitable employment shall result in suspension of compensation); and N.”
Franklin v. Broyhill Furniture Indus., 472 S.E.2d 382 (N.C. Ct. App. 1996). · cites it 10× “" N.C. Gen.Stat. § 97-32 (1991). If this evidence is accepted by the Commission, the employee is precluded from receiving benefits pursuant to sections 97-29 or 97-30.”
Dixon v. City of Durham, 495 S.E.2d 380 (N.C. Ct. App. 1998). · cites it 16× “N.C. Gen. Stat. § 97-32 provides that “[i]f an injured employee refuses employment procured for him suitable to his capacity he shall not be entitled to any compensation at any time during the con *504 tinuance of such refusal, unless in the opinion of the Industrial Commission…”
Seagraves v. Austin Co. of Greensboro, 472 S.E.2d 397 (N.C. Ct. App. 1996). · cites it 6× “Defendant ceased making payments to plaintiff for temporary total disability on 13 July 1994, contending plaintiff’s termination for misconduct amounted to a constructive refusal by her to accept suitable light duty work offered her and a forfeiture of her right to compensation…”
Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). · cites it 6× “N.C.G.S. § 97-32 (if, before determination of disability, the employee refuses employment suitable to his capacity, he shall not be entitled to "any compensation" during continuance of his refusal).”
McLean v. Eaton Corp., 481 S.E.2d 289 (N.C. Ct. App. 1997). · cites it 12× “section 97-32 provides: "If an injured employee refuses employment procured for him suitable to his capacity he shall not be entitled to any compensation at any time during the continuance of such refusal, unless in the opinion of the Industrial Commission such refusal was…”
Sharpe v. Rex Healthcare, 633 S.E.2d 702 (N.C. Ct. App. 2006). · cites it 20× “N.C. Gen. Stat. § 97-32 ." The Full Commission's Opinion and Award contained the following Order: "Under the law, plaintiff's claim for workers' compensation benefits must be, and the same is hereby suspended.”
Shah v. Howard Johnson, 535 S.E.2d 577 (N.C. Ct. App. 2000). · cites it 6× “N.C. Gen. Stat. § 97-32 (1999) requires the employment offered an employee be “suitable to his capacity.”
Johnson v. S. Tire Sales & Serv., 599 S.E.2d 508 (N.C. 2004). · cites it 3× “N.C.G.S. § 97-32 (2003) (“If an injured employee refuses employment procured for him suitable to his capacity he shall not be entitled to any compensation at any time during the continuance of such refusal, unless in the opinion of the Industrial Commission such refusal was…”
White v. Weyerhaeuser Co., 606 S.E.2d 389 (N.C. Ct. App. 2005). · cites it 6× “Weyerhaeuser filed timely notice of appeal to this Court.”
Powe v. Centerpoint Human Servs., 715 S.E.2d 296 (N.C. Ct. App. 2011). · cites it 8× “Our appellate courts have addressed an analogous situation when construing N.C. Gen. Stat. § 97-32 (2009), which provides in language similar to that of § 97-25: If an injured employee refuses employment procured for him suitable to his capacity he shall not be entitled to any…”
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