Hebden v. Workmen's Compensation Appeal Board

BYER, Judge.

Thomas Hebden appeals from a decision of the Workmen’s Compensation Appeal Board. The board had affirmed the decision of a workmen’s compensation referee granting Bethenergy Mines, Inc.’s petition to terminate a compensation award.

The issue is whether the principles of claim preclusion or issue preclusion prevent an employer from seeking to terminate a prior award of workmen’s compensation benefits for disability resulting from occupational pulmonary disease, specifically, coal worker’s pneumoconiosis. The referee and the board held that the employer, Bethenergy Mines, Inc., was…