Rusty's Welding Service, Inc. v. Gibson

ANNUNZIATA, Judge.

Rusty’s Welding Service, Inc. (employer) appeals the commission’s award of benefits to Edward Wayne Gibson (claimant). Employer contends the award is barred by principles of res judicata and that the award improperly required employer simultaneously to pay permanent partial disability (PPD) and temporary partial disability (TPD) benefits. We agree with employer’s claim of res judicata, and reverse.

While carrying a bottle of acetylene on November 12, 1994, claimant sustained an injury by accident to his back. Employer accepted the injury as compensable and paid benefits. In…