HUISENGA v. OPUS CORP.

No. C3-92-807.

494 N.W.2d 469 (1992)

Lonnie J. HUISENGA, Relator, v. OPUS CORPORATION and Chubb Group Insurance Company and Lund Martin Construction Co. and CNA Insurance Company, Respondents, and Minnesota Department of Human Services, Carpenter & Joiners Welfare Fund, Intervenors, Respondents.

Supreme Court of Minnesota.

Rehearing Denied February 4, 1993.


Attorney(s) appearing for the Case

Carter J. Bergen, St. Paul, for appellant.

Thomas P. Kieselbach, Minneapolis, for Opus Corp., et al.

Gary M. Hagstrom, Minneapolis, for Lund Martin Const. Co., et al.

Laurasue Schlatter, St. Paul, for MN Dept. of Human Services.

Kurt F. Walther, St. Paul, for Carpenters & Joiners Welfare Fund.

Heard, considered and decided by the court en banc.


TOMLJANOVICH, Justice.

We are asked to revisit our decision in Jewison v. Frerichs, 434 N.W.2d 259 (Minn.1989). In Jewison, we held that, in some situations, if a job applicant or an employee makes a false representation regarding physical condition or health, workers' compensation benefits will be barred. Today we address the question of whether an employer may avoid paying benefits when a job applicant or employee...

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