Middleton v. Livingston Timber, Inc.

| gPIaintiff/Appellant, Joe W. Middleton, appeals an Office of Workers’ Compensation (OWC) judgment sustaining the peremptory exception raising the objection of res judicata filed by Defendant/Appellee, Livingston Timber, Inc. For the following reasons, we affirm.

On May 12, 2005, plaintiff was working as a saw operator on a logging job when a skidder with a log attached went in reverse, causing the log to roll onto plaintiffs right leg and fracture his tibia. Plaintiff was treated and paid workers’ compensation indemnity and medical benefits relative to his leg injury through defendant’s…