Federal Copper & Aluminum Company v. Dickey

OPINION

CHATTIN, Justice.

Plaintiff was employed on August 2, 1971, and on August 11, 1971, while cleaning up oil at the defendant’s plant, slipped and injured his back. As a result thereof, he brought this action for workmen’s compensation benefits.

In its answer to the petition, defendant alleged plaintiff falsified his application for employment which was material to the employment and of the essence to his employment by defendant.

Defendant insists the trial judge erred in awarding benefits to plaintiff because his claim was barred by the misrepresentation of his physical condition upon his…