Mueller's Case

As to the permanent loss of function claim under G. L. c. 152, § 36, the single justice correctly decided that it was barred under principles of claim preclusion because the claimed loss of function was known at the time the employee entered into a lump sum settlement (G. L. c. 152, § 48) with the insurer. See Saint Louis v. Baystate Med. Center, 30 Mass. App. Ct. 393, 399 (1991). For the application of such principles in workers’ compensation cases, see Martin v. Ring, 401 Mass. 59, 63 (1987). As to the question of legal fees, the employee had accepted disability payments after he had…