GUTERMUTH v. EXCEL

No. 2000-SC-0656-WC.

43 S.W.3d 270 (2001)

Cheryl GUTERMUTH, Appellant, v. EXCEL; Walter Bedford, Arbitrator; W. Bruce Cowden, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 26, 2001.


Attorney(s) appearing for the Case

Wayne C. Daub, Louisville, Counsel for Appellant.

Michael P. Neal, Sewell and Associates, Louisville, Counsel for Appellee Excel.


OPINION OF THE COURT

KRS 342.165(2) prohibits workers' compensation benefits in certain instances where the injured worker has made a written misrepresentation about her physical condition or medical history when being hired. This claim was dismissed based upon findings that the claimant falsely represented her physical condition on a written questionnaire, that the employer substantially relied upon those misrepresentations when hiring her, and that her subsequent...

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