We granted certiorari to examine the holding by the Court of Appeals that an employee’s incarceration pending adjudication of guilt amounts to justification for refusing employment under OCGA § 34-9-240. Howard v. Scott Housing Systems, 180 Ga. App. 690 (350 SE2d 27) (1986). In workers’ compensation cases where the employee is charged with a crime while receiving benefits, we agree with the Court of Appeals that the proper time for termination of benefits is the date of adjudication of guilt.

Judgment affirmed.