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SHAW'S SUPERMARKETS, INC. v. DELGIACCO

410 Mass. 840 (1991)

575 N.E.2d 1115

SHAW'S SUPERMARKETS, INC., & another vs. ANTHONY DELGIACCO.

Supreme Judicial Court of Massachusetts, Suffolk.

August 8, 1991.

Attorney(s) appearing for the Case

Gregory F. Galvin (Robert N. Gross with him) for the defendant.

Patrick T. Jones for Shaw's Supermarkets, Inc.

Paul F. Beckwith, for Liberty Mutual Insurance Company, was present but did not argue.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

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...

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