Resweber v. Haroil Construction Co.

| iLABOBDE, Judge.

Appellant, having failed to admit to having previously sustained back injury, today complains of an adverse ruling by the hearing officer that found his failure to disclose previous injuries constituted grounds for forfeiture under LSA-R.S. 23:1208. We reverse. LSA-R.S. 23:1208 is intended for the defense of claims arising from fabricated work-related injuries, not to bar claims based on an employee’s failure to answer truthfully an employer’s inquiries into a worker’s previous injuries. Because defendant did not comply with the prerequisites set forth in LSA-R.S. 23:1208.1,…