Page v. Asplundh Tree Expert Co

Plaintiff appeals from a Workmen’s Compensation Appeal Board opinion and order of April 20, 1978, which affirmed an administrative law judge’s dismissal of plaintiff’s second petition for a determination of total and permanent disability on the basis of res judicata. We granted leave to appeal on August 25, 1978.

Plaintiff sustained a hip injury on March 17, 1959, while he was working for Asplundh Tree Expert Co. Aetna Casualty and Surety, Asplundh’s worker’s compensation insurance carrier, voluntarily paid compensation for the statutory maximum of 500 weeks. The 500-week period expired on…