Smith v. CompFirst/L.C. Industries

¶ 17. I respectfully, dissent from the majority’s decision to “reverse the Commission’s order and remand for the Commission to determine1 if Smith established the necessary change in condition to reopen her claim and, if so, whether it should exercise its discretionary authority and reopen her claim.” I concur with the decision below by the Commission finding that Smith’s request to reopen her claim is barred by the doctrine of res judicata.4 *878The record reflects that Smith attempted to substitute an application to reopen her claim as an appeal from a previously adjudicated claim wherein the…