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LOGAN v. VERNON MILL. CO., INC.

2940463.

668 So.2d 865 (1995)

Elzo LOGAN v. VERNON MILLING COMPANY, INC., et al.

Court of Civil Appeals of Alabama.

September 1, 1995.

Attorney(s) appearing for the Case

C. Harry Green of Green, Wood & Howell, Hamilton, for Appellant.

Michael S. Burroughs and Sandra C. Guin of Phelps, Jenkins, Gibson & Fowler, Tuscaloosa, for Appellee.

YATES, Judge.

Elzo Logan sued Vernon Milling Company, Inc., to recover workers' compensation benefits for an injury he suffered to the lower lumbar region of his back on August 24, 1992. After an ore tenus proceeding, the trial court denied benefits, finding: that Logan had a pre-existing condition; that he had misrepresented that fact on his employment application; and that the pre-existing condition substantially increased the risk that he would become disabled...

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