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  5. 805 S.W.2d 798 (1990)
 

DEPT. OF HWYS. & PUB. TRANSP. v. THRASHER

No. 12-89-00008-CV.

805 S.W.2d 798 (1990)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. Larry THRASHER, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled October 26, 1990.

Attorney(s) appearing for the Case

Michael Shaunessy, Austin, for appellant.

Craig M. Daughtery, Tyler, for appellee.

SAM BASS, Justice.

This is a workers' compensation case. Based upon a jury verdict, the trial court rendered judgment that the appellee-claimant, 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...

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