HR leaders should be familiar with res judicata, especially when it comes to employment law
The doctrine of res judicata – also known as claim preclusion – would not apply in a case where two workers’ compensation claims involved different injuries, a panel of the Workers’ Compensation Appeals Board of California recently said.
In Graves vs. CoorsTek, Inc.; Travelers Property Casualty Company of America, a man filed his first claim for workers’ compensation benefits in October 2012. He alleged that he sustained cumulative injury to certain body systems and his psyche while the defendant employed him as a supervisor from Oct. 1, 2011 to Oct. 1, 2012.
In January 2014, the worker signed a compromise and release settling the first claim in connection with specific body parts, including his neck, back, circulatory system, and digestive system. On the same day, the workers’ compensation administrative law judge approved this settlement.
In November 2013, the worker filed a second application for benefits. He alleged that he suffered cumulative injury to various body parts, including his respiratory system, chest, and nervous system, while the defendant employed him as a team leader from Jan. 28, 2008 to Sept. 27, 2012.
In April 2015, the qualified medical examiner took the applicant’s detailed history, reviewed his medical records including his spirometry results and radiology reports, performed a physical examination, and drafted an initial medical-legal evaluation.
In February...
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