Lovitch v. Industrial Commission

OPINION

TIMMER, Judge.

¶ 1 Petitioner Susan Lovitch requests this court to set aside an Industrial Commission award dismissing her January 12, 2000, Petition to Reopen her 1993 claim after it found that the issues raised were previously litigated, final, and res judicata. The sole issue raised is whether the evidence supports Administrative Law Judge (“ALJ”) Overholt’s conclusion that Lovitch’s Petition to Reopen was barred by the doctrine of res judicata. *104We agree with Judge Overholt’s decision and therefore affirm.

FACTUAL AND PROCEDURAL HISTORY

Initial Injury

¶2 Lovitch sustained an industrial…