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28214 - Isaac D. Brailey v. Michelin North America, Inc.

The court of appeals reversed the workers' compensation commission's decision to deny benefits to the claimant on four separate grounds, one of which was the "fraud in the application" defense under Cooper v. McDevitt & Street Co., 260 S.C. 463, 196 S.E.2d 833 (1973). While we affirm the court of appeals on all four points, we question the continued validity of the Cooper test.