Rusty's Welding Service, Inc. v. Gibson

UPON A REHEARING EN BANC

ANNUNZIATA, Judge.

Rusty’s Welding Service, Inc. (employer) appealed the commission’s award of benefits to Edward Wayne Gibson (claimant). Employer contended the award was barred by principles of res judicata and that the award improperly required employer simultaneously to pay permanent partial disability (PPD) and temporary partial disability (TPD) benefits. A panel of this Court agreed and reversed the commission’s decision. A hearing en banc was granted upon the petition of claimant. For the reasons that follow, we affirm the commission’s decision.

I

THE REHEARING EN…