Berry v. Consolidated Systems, Inc.

OPINION

DAUGHTREY, Justice.

In this workers’ compensation action, the injured employee appeals from the trial court’s order granting summary judgment to the employer. We conclude that summary judgment was inappropriate and remand the case for trial or other disposition on the merits.'

In so ruling, we offer no opinion on the employee’s ultimate chance of success. Indeed, it appears that he will have considerable difficulty in convincing the trier of fact that he did not make a material misrepresentation of his physical condition on his application for employment, one which may, under the facts…