What happens if a prospective employee conceals a prior injury and then injures that same body part on your job? You may be able to successfully assert the defense of Fraud in the Application to bar the claim.
- Employers must ask! After offering a position, as a condition of employment, include a thorough medical questionnaire about the candidate’s ability to meet the physical demands of the job, including whether any prior injuries could preclude him from meeting the physical demands. If the employee intentionally misrepresented his physical condition, the first prong of the test would be satisfied.
An alternative argument: Look closely at prior medical records for work restrictions. If a claimant was previously told by a physician not to crawl, and the claimant is injured crawling, you may be able to argue there was no accident because the result was expected.