Beasley v. United States Fidelity & Guaranty Co.

OPINION

DROWOTA, Justice.

In this Workers’ Compensation appeal the determinative issue is whether the Plaintiffs failure to disclose a pre-existing back injury bars recovery under the Workers’ Compensation Law. The trial court denied Plaintiff’s claim based on its findings that the Plaintiff had knowingly and wilfully misrepresented his physical condition to Defendant’s insured, who relied upon Plaintiff’s representations, and that a causal relation existed between the condition misrepresented and the injury sustained by the Plaintiff.

The Plaintiff, Thomas Beasley, applied for employment with…