Westendorf v. Campbell Soup Co.

The employer and insurer seek review of a decision of the Workers’ Compensation Board awarding the employee benefits for permanent and total disability. On appeal they argue that the award was precluded in part by principles of res judicata and that the finding of permanent and total disability is not supported by the evidence.

On May 21, 1971, the employee filed a claim petition seeking benefits for 15-percent permanent partial disability of each hand and medical expenses. The question of total disability was not litigated or decided at the hearing on this petition. On September 26, 1973, the…