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McComber v. McGuire Steel Erection Inc.5/31/2002
im, prior to filing the application, plaintiff disclosed his employment with US Steel. However, plaintiff could not explain why the application did not disclose the employment. At no point did plaintiff state that he knew, at the time he signed the application, that the application did not disclose his subsequent employment. In the absence of such a statement, or similar evidence, it is equally plausible that plaintiff merely made a mistake, or was careless in reviewing the application. Under the circumstances of this case, there is simply no evidence to support a finding that the nondisclosure was anything other than a mistake. Because there was no evidence to support the WCAC's finding that plaintiff willfully failed to disclose his subsequent employment on his application, the WCAC erred in reversing the magistrate. Mudel, supra.
Reversed and remanded to the WCAC for proceedings consistent with this opinion. We do not retain jurisdiction.
Brian K. Zahra
Janet T. Neff
Henry William Saad
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