Mehan v. Industrial Commission

OPINION

JACOBSON, Judge.

The issue presented in this review of an Industrial Commission award is whether a claimant, who had only a discretionary possibility of litigating a causal relationship in a prior proceeding, is precluded in a subsequent proceeding on reopening from seeking a determination of that relationship.

FACTS AND PROCEDURAL HISTORY

In 1981, petitioner employee (claimant) injured his right knee at work, and the respondent carrier (Fidelity) accepted com-pensability. This injury eventually necessitated a below knee amputation of the right leg. The claim was initially closed in May…