Workers' Compensation — employee misrepresentation at hiring — adoption of Larson test — judicial legislation
The decision of the Court of Appeals in this case that an employee was barred from receiving workers' compensation benefits for his injury because of misrepresentations at the time of his hiring is reversed for the reason stated in the dissenting opinion that the adoption of the Larson test by the majority opinion in the Court of Appeals constitutes impermissible judicial legislation.
PER CURIAM.
The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion, and the case is remanded to the Court of Appeals for consideration of the remaining assignments of error. Discretionary review was improvidently allowed as to the additional issues.
REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.