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BAPTIST HOSP. EAST v. POSSANZA

No. 2009-SC-000563-WC.

298 S.W.3d 459 (2009)

BAPTIST HOSPITAL EAST, Appellant, v. August POSSANZA; Honorable Grant S. Roark, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 25, 2009.

Attorney(s) appearing for the Case

Douglas Anthony U'Sellis, U'Sellis & Kitchen, PSC, Louisville, KY, Counsel for Appellant, Baptist Hospital East.

Mark Clark Webster, Karl Truman Law Office, LLC, Jeffersonville, IN, Counsel for Appellee, August Possanza.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits due to his misrepresentation of his physical condition when applying for employment. The Workers' Compensation Board reversed, holding that the ALJ misapplied KRS 342.165(2) by relying on the fact that the employer hired the claimant to show a causal relationship between his misrepresentation and work-related injury. The Court of Appeals affirmed.

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