Moen v. Peter Kiewit & Sons' Co.

These cases have been consolidated for consideration, as both cases involve claims for an employee’s death by heart attack. We affirm the lower courts in both cases.

In Case I, Supreme Court No. 82-29, claimant Moen appeals from the order of the Workers’ Compensation Court, granting defendant’s motion to quash her petition for a hearing. Claimant Moen presents two issues to this Court:

*428(1) Whether defendant’s motion to quash was procedurally acceptable.(2) Whether newly discovered evidence supports Violette Moen’s request for a new hearing.

The defendant argues that this case is res judicata.

In…