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CLARION MFG. CORP. OF AMERICA v. JUSTICE

Nos. 97-SC-500-WC, 97-SC-501-WC and 97-SC-558-WC.

971 S.W.2d 288 (1998)

CLARION MANUFACTURING CORPORATION OF AMERICA, Trans Pacific Insurance Company, and Crawford & Company, Appellants, v. Lorie JUSTICE; Ron Christopher, Director of Special Fund; and Workers' Compensation Board, Appellees. CLARION MANUFACTURING CORPORATION OF AMERICA, Trans Pacific Insurance Company, and Crawford & Company, Appellants, v. Lorie JUSTICE; Ron Christopher, Director of Special Fund, and Workers' Compensation Board, Appellees. Ron CHRISTOPHER, Director of Special Fund, Successor to Robert E. Spurlin, Appellant, v. Lorie JUSTICE; Clarion Manufacturing Company; W. Bruce Cowden, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied July 23, 1998.

Attorney(s) appearing for the Case

Robert A. Winter, Jr., Joseph A Rectenwald, Taft, Stettinius & Hollister, Crestview Hills, for Clarion Manufacturing Corporation of America, Trans Pacific Insurance Co., and Crawford & Company.

David W. Barr, Labor Cabinet—Special Fund, Louisville, for Christopher.

Gregory N. Schabell, Busald, Funk, Zevely, P.S.C., Florence, for Appellee Justice.

OPINION OF THE COURT

This appeal concerns whether the Administrative Law Judge (ALJ) erred in dismissing a claim for workers' compensation benefits based upon a finding that the claimant had misrepresented her educational level on the employment application, thereby precluding the formation of a contract of employment.

It is undisputed that claimant has only a tenth grade education. Nonetheless, in her written application for employment with the defendant...

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