Kosiel v. Arrow Liquors Corp.

I respectfully dissent for the reason that I interpret the intent behind the res judicata rule, as it applies to worker’s disability benefits awards, to focus on changes in condition rather than changes in circumstance. Changes in circumstance are typically the manifestation of a change in condition, and where that is the case, the modification of an award may be in order. However, we are also faced with a problem concerning the finality of disability awards. To respect the need for finality, and in keeping with precedent concerning the modification of disability awards generally, I would…