COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Bray and Overton 

Argued at Norfolk, Virginia 

FARM FRESH AND TRAVELERS INSURANCE COMPANY 

v. Record No. 2469-94-1 MEMORANDUM OPINION* BY 

 JUDGE NELSON T. OVERTON 

WILLIAM GREGORY GOLICIC OCTOBER 10, 1995 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 Warren H. Britt (Curtis G. Manchester; Vernon C. 

Howerton, Jr.; Parvin, Wilson, Barnett & Guynn, 

P.C., on briefs), for appellants. 

 John H. Klein (Rutter & Montagna, on brief), for 

appellee. 

 The Workers' Compensation Commission awarded William Gregory 

Golicic (claimant) benefits from an injury while working for Farm 

Fresh (employer). The full commission found that claimant had 

not misrepresented his physical condition to employer at the time 

of hiring. After reviewing the record, we reverse that ruling 

and remand the case to the commission for the necessary 

determination of the causation of the injury in question. 

 Claimant worked for employer from January 1990 to April 

1991. Later he worked for IGA, a different company, where, on 

June 8, 1992, claimant sustained a back injury. From June 9 to 

August 3 of that year claimant applied for and received total 

disability payments. On June 28, 1992, claimant started to work 

for Farm Fresh again. In response to questions on the July 6, 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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1992, application for that job, claimant disclosed no 

restrictions or limitations on his physical condition. 

 Claimant asserts that he answered the questions truthfully 

because he subjectively believed that he could perform the job 

adequately. In rejecting this assertion, we rely mainly upon 

Bean v. Hungerford Mechanical Corp., 16 Va. App. 183, 428 S.E.2d 

762 (1993). In Bean, we recognized the right of the employer "to 

know the true health condition of an employee before assigning 

work duties." Bean, 16 Va. App. at 187, 428 S.E.2d at 764-65. 

 The employer must be fully informed because it accepts the 

employee with all his infirmities and an aggravation of a 

previous injury by accident becomes the responsibility of the 

employer. Id. A false misrepresentation as to physical 

condition or health made by an employee in procuring employment 

will preclude workers' compensation benefits if a causal 

relationship between the injury and the misrepresentation is 

shown and (1) the employee knew the representation to be false, 

(2) the employer relied upon the false representation, and (3) 

such reliance resulted in the consequent injury to the employee. 

Bean, 16 Va. App. at 186, 428 S.E.2d at 764; see McDaniel v. 

Colonial Mechanical Corp., 3 Va. App. 408, 411, 350 S.E.2d 225, 

227 (1986). 

 Claimant, receiving total disability payments at the time of 

the application, must be charged with a knowing false 

misrepresentation. The record shows further that employer relied 
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upon this misrepresentation in hiring claimant. The only 

question remaining is that of the causal connection between the 

misrepresentation and the resulting injury. We leave 

determination of this issue to the commission. 

 For the reasons above, we reverse the finding of the 

commission on the issue of claimant's false misrepresentation and 

remand the case for the resolution of causation. 

 Reversed and remanded.