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Sanchez v. Memorial General Hospital8/16/1990
erve no useful purpose to further detail the evidence presented at trial bearing upon this contention. It is sufficient to state that the record, including the testimony of Dr. Diven, amply supports the findings adopted below and the existence of a causal connection between the 1968 and 1986 back injuries.
In addition, claimant's challenge concerning the WCJ's failure to adopt claimant's proposed findings is without merit. The refusal of a requested finding has the legal effect of a finding against the party who submitted the request. .
Finally, claimant argues that the extended passage of time between his 1968 injury and the 1986 back injury should preclude the Hospital's use of the defense of false employment application, and the employer should be presumed to rely upon his interim satisfactory job performance. For this assertion, claimant relies on Young v. Morris, 475 S.W.2d 505 (Ky. 1971). We find Young factually distinguishable from the present case. In Young, the court interpreted the applicability of a specific statutory provision and sustained the Board's determination that the worker was not barred from recovery. The compensation board in Young had dismissed the worker's prior claim, finding he did not have the alleged disability. When worker applied for subsequent employment, although failing to reveal the prior claim, worker did indicate he had received a medical test with an inconclusive result. We do not find the analysis in Young applies to claimant's contention. In Young, the court reasoned that the answers to the questions became less relevant as time passed. However, the statute in question did not require evidence of causal connection, and we do not understand Young to have held as a matter of law that the passage of time requires a finding of no causal connection. Claimant's original fraudulent application for employment was causally related to his subsequent injury. Where, as here, the latter injury is shown to have been related to the original disability, claimant's argument is not persuasive.
We affirm the ruling of the WCJ.
IT IS SO ORDERED.
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