Employers Mutual Liability Insurance v. Miller

Deen, Judge.

It is obvious that since both the employer and *683employee entered into a contract agreement that they would for a consideration accept the board award finding there had not been a new injury, and leaving open the question of aggravation of a previous injury, that the bone of contention lies between the two insurers. Not only is this agreement approved by the board, it is based on a hearing and board adjudication denying compensation under the "new accident” theory. The award in claim No. 7419, not having been appealed, is res judicata to the effect that the 1972 incident did not…