Pena v. Industrial Commission

OPINION

CONTRERAS, Judge.

This is a special action review of an August 31, 1982, Industrial Commission decision upon review closing a reopened claim with a scheduled disability. The issue on appeal is whether the original final scheduled disability classification is res judicata in a case where the comparative degree of *58impairment is unchanged, but under current standards for rating impairment the disability classification should be unscheduled. We conclude that the comparative degree of impairment is irrelevant and that res judicata is inapplicable. The current standards, therefore, govern the…