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DIVITA v. HOPPLE PLASTICS

No. 92-CA-1429-WC.

858 S.W.2d 214 (1993)

John DIVITA, Appellant, v. HOPPLE PLASTICS; Vicki Newberg (Acting Director of Special Fund); and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

July 23, 1993.

Attorney(s) appearing for the Case

Gregory N. Schabell, Florence, for appellant.

Scott M. Powers, Lange, Quill & Powers, Newport, for appellee Hopple.

Cathy Utley Costelle, Louisville, for appellee Special Fund.

Before EMBERTON, JOHNSTONE and WILHOIT, JJ.

JOHNSTONE, Judge:

The sole issue in this appeal is whether the claimant's misrepresentations on his application for employment concerning previous injuries to his back bar recovery of workers' compensation benefits. We agree with the conclusion of the Workers' Compensation Board that misrepresentations are a relevant consideration and affirm its decision in this case.

John Divita began working for appellee Hopple Plastics on a temporary basis through an employment...

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