Jenkins Enterprises, Inc. v. Williams

Hall, Presiding Judge.

The appellant contends that the supplemental agreement is res judicata in the absence of a finding of fact by the board that there has been a change in the claimant’s condition subsequent to this agreement and that the testimony is undisputed that any change in the claimant’s physical condition has been for the better, not for the worse.

The statutory test for "change in condition” is "economic condition,” not medical or physical condition. Code Ann. § 114-709. The board found that while the previous agreement stated that the claimant had returned to work at the same…