Defending workers’ compensation claims from employees who have not disclosed previous injuries may have just become a little more complicated for employers and insurance carriers in Georgia.
The Georgia Court of Appeals last week found that a long-standing defense against paying an injury claim does not always apply if the employer learns of a previous injury and does nothing about it before the worker is injured again.
“In the fraudulent-inducement-to-contract context, a party’s failure to rescind or repudiate the agreement after learning of the fraudulent representation acts as a waiver of that defense,” a three-judge