Scott A. Cascaden v. Winn-Dixie Montgomery, LLC

Court of Civil Appeals of Alabama

Mobile County | 81 So. 3d 1273 | Aug. 5, 2011


Misrepresentation of Prior Injury Prevents Plaintiff's Claim for Benefits

Scott A. Cascaden began working for Winn-Dixie in 1999, and during that time, injured his back. He quit working for them in 2002 and came back in 2007, during which he filled out a medical questionnaire without mentioning his past injury. He injured his back again in 2008 and 2009 while working for Winn-Dixie, and filed for benefits under the Workers' Compensation Act in 2010. Winn-Dixie filed for a summary judgment in opposition due to Cascaden's false statements on his medical questionnaire. The Circuit Court of Mobile granted the summary judgment to Winn-Dixie, as it found Cascaden had misrepresented his medical history. They referenced the fact that Section § 25-5-51 doesn’t necessitate the employer to prove it relied on any misrepresentations made by the employee in the hiring process.

Additional Reading

Other Decisions Regarding Similar Topics:

-Navigation-
-Contact-
  • Phone: (205) 335-4190
  • Fax: (205) 278-5875
  • Email: thompsonfirm.al.law@gmail.com