State Department of Highways & Public Transportation v. Thrasher

SAM BASS, Justice.

This is a workers’ compensation case. Based upon a jury verdict, the trial court rendered judgment that the appellee-claim-ant, Larry Thrasher, recover benefits for permanent partial disability. The Highway Department argues that Thrasher’s recovery is barred under Tex.Rev.Civ.Stat.Ann. art. 8306, § 21 (Vernon 1967), because when he applied for the Highway Department job, he concealed a prior acute back strain. In the State’s view this deception amounts to an intentional and false representation that he had not been afflicted with the occupational disease which is the cause…