Mach v. Wells Concrete Products Co.

OPINION

GILDEA, Chief Justice.

We are asked to determine whether res judicata or collateral estoppel bars respondent’s workers’ compensation claim. The compensation judge concluded that the claim was barred, but the Workers’ Compensation Court of Appeals (“WCCA”) reversed. We agree that res judicata does not apply, but because we conclude that whether collateral estoppel bars respondent’s claim depends on whether his condition has changed, we vacate the decision of the WCCA and remand to the compensation judge.

This action arises from an injury that respondent David J. Mach sustained to his left…