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.