State ex rel. Kroger Co. v. Industrial Commission

The issue presented is whether the commission abused its discretion in awarding claimant TTD compensation for the period from November 21, 1989 to February 21, 1991. Kroger’s primary contention is that res judicata applies to prevent claimant from relitigating the issue of TTD compensation for periods preceding February 22, 1991. Kroger argues that this “same issue was previously heard [and] decided adversely to the Claimant” during the proceedings on claimant’s first motion for TTD compensation.

Res judicata operates “to preclude the relitigation of a point of law or fact that was at issue in…