Mize v. Rocky Mount Ready Mix, Inc.

*603Opinion

COLEMAN, J.

The claimant, Roger Wayne Mize, filed a motion to reopen his application for workers’ compensation benefits, alleging that he obtained new and additional evidence after the deputy commissioner’s hearing but before review by the commission. The commission, invoking Rule 2(C),1 denied the motion. We hold that because the commission based its refusal to reopen on the misconception that the newly obtained evidence could form the basis for filing a new change of condition application, when in fact the issue raised in such application for a change in condition would become barred…