This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A worker sustained a broken navicular bone in 1988 while employed by a previous employer, Silver City Welding. The injury did not heal properly but did not significantly impair the worker's ability to work for several years. In 1993, while employed by the appellant, the worker suffered a work-related accident that exacerbated the pre-existing injury, resulting in temporary total disability and medical expenses (paras 2-3).
Procedural History
- Workers' Compensation Administration: The Workers' Compensation Judge (WCJ) awarded the worker temporary total disability benefits and held the employer liable for the worker's medical expenses and disability benefits.
Parties' Submissions
- Employer (Appellant): Argued that the worker's false representations in the employment application and medical questionnaire should preclude compensation under the false application defense. Additionally, the employer contended that liability for the worker's benefits should be apportioned between the employer and the worker's prior employer, Silver City Welding (paras 1, 4, 11).
- Worker (Appellee): Asserted that the employer failed to meet the statutory requirements for invoking the false application defense and that the employer was liable for the exacerbation of the pre-existing injury caused by the 1993 work-related accident (paras 4-6).
Legal Issues
- Whether the employer could invoke the false application defense under Section 52-1-28.3 of the Workers' Compensation Act (1991) (para 1).
- Whether the employer's liability for the worker's benefits should be apportioned with the worker's prior employer (para 1).
Disposition
- The Court of Appeals affirmed the decision of the Workers' Compensation Judge, rejecting the employer's false application defense and holding the employer liable for the worker's medical expenses and temporary total disability benefits (para 15).
Reasons
Per Black J. (Donnelly and Hartz JJ. concurring):
False Application Defense: The court held that the employer failed to comply with the explicit statutory requirements of Section 52-1-28.3(B) of the Workers' Compensation Act. Specifically, the employer's application and medical questionnaire did not "clearly and conspicuously" disclose that false representations would preclude future compensation benefits. The statutory language was deemed unambiguous, and the court rejected the employer's policy arguments and claims of absurdity in the statute's application (paras 4-10).
Apportionment of Liability: The court found that the employer had not properly preserved the apportionment argument for appeal, as it was not raised before the WCJ. Additionally, the WCJ's findings, which were unchallenged on appeal, established that the 1993 work-related accident exacerbated the worker's pre-existing injury, rendering the employer liable for the full extent of the worker's disability. The court noted that the employer could seek contribution from the prior employer, Silver City Welding, in separate proceedings (paras 11-14).
Conclusion: The court affirmed the WCJ's compensation order, holding the employer liable for the worker's medical expenses and temporary total disability benefits (para 15).