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RESWEBER v. HAROIL CONST. CO., INC.

No. 94-297.

644 So.2d 423 (1994)

Chene RESWEBER, Plaintiff-Appellant, v. HAROIL CONSTRUCTION COMPANY, INC. and Louisiana Construction & Industry Self Insurers Fund, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

October 5, 1994.

Attorney(s) appearing for the Case

Helen Joane Popich, Lafayette, for Chene Resweber.

Steven Claude Judice, Baton Rouge, for Haroil Const. Co., Inc.

Before LABORDE, KNOLL and THIBODEAUX, JJ.

LABORDE, Judge.

Appellant, having failed to admit to having previously sustained back injury, today complains of an adverse ruling by the hearing officer that found his failure to disclose previous injuries constituted grounds for forfeiture under LSA-R.S. 23:1208. We reverse. LSA-R.S. 23:1208 is intended for the defense of claims arising from fabricated work-related injuries, not to bar claims based on an employee's failure to answer truthfully an employer's inquiries...

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