Fodi's v. Rutherford

COLEMAN, Judge.

Fodi’s and its insurer (“employer”) appeal the Workers’ Compensation Commission’s decision awarding Karen Rutherford temporary total disability benefits based upon a change in condition. Employer argues that Rutherford’s claim for reinstatement of benefits based on a change in condition was barred by the doctrine of res judicata because of the factual findings made by the commission when deciding the initial claim. We disagree and affirm the commission’s decision.

Code § 65.2-101 defines a “change in condition” as “a change in the physical condition of the employee as well as a…