Cooper v. McDevitt & Street Co.

(dissenting) :

*471Being of the view that the lower court was in error and that the award of the full Commission should have been affirmed, I most respectfully dissent.

As I understand the majority opinion, it holds, in accordance with the clear weight of persuasive authority, that the claimant at the time of his injury was an employee, any misrepresentation or fraud on his part rendering the contract for his services not void but merely voidable.

The opinion then states the “general rule” as being that a false statement in an employment application will bar Workmen’s Compensation benefits if three…