STATE EX REL. HUNTINGTON, ETC. v. Sulmonetti

This is a mandamus proceeding. Plaintiff-relator (employer) seeks our writ commanding a circuit court judge to vacate his order remanding a claim for workmen’s compensation benefits back to the Workmen’s Compensation Board. The claim had been denied by the Board on the ground that it was barred by prior litigation under the doctrine of res judicata. The circuit court judge disagreed and remanded the claim to the Board for a determination of whether claimant was in the course and scope of his employment when he sustained his accidental injury.

Claimant was injured in April 1969. He filed his…