Baptist Hospital East v. Possanza

OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant’s application for benefits due to his misrepresentation of his physical condition when applying for employment. The Workers’ Compensation Board reversed, holding that the ALJ misapplied KRS 342.165(2) by relying on the fact that the employer hired the claimant to show a causal relationship between his misrepresentation and work-related injury. The Court of Appeals affirmed.

We affirm. We view whether exceeding the claimant’s lumbar lifting restriction helped to cause his neck injury to be a medical question. The…