WORKERS' COMPENSATION - MISREPRESENTATION DEFENSE - CASCADEN V. WINN-DIXIE MONTGOMERY, LLC
In Cascaden v. Winn-Dixie Montgomery, LLC, [Ms. 2100295, Aug. 5, 2011] __ So. 3d __(Ala. Civ. App. 2011), the Alabama Court of Civil Appeals held that an employer does not need to prove reliance in order to assert a misrepresentation defense under Ala. Code ¤ 25-5-51, which prohibits an employee from collecting worker's compensation benefits if the employee knowingly and falsely misrepresents in writing his or her physical or mental condition and the condition is aggravated or reinjured during the course of his or her employment.