Shaw's Supermarkets, Inc. v. Delgiacco

At issue is whether an employee who misrepresented information about prior injuries in his employment application is entitled to workers’ compensation under G. L. c. 152 (1990 ed.) for a subsequent injury. We hold that he may not receive compensation if the employer substantially relied on the knowing misrepresentation in hiring the employee and if there is a causal connection between the misrepresentation and the injury.

After a bench trial, the Superior Court judge found the following facts. On March 31, 1988, Anthony Delgiacco, the defendant, applied for a position as a warehouseman with…