Jones & Laughlin Steel Corp. v. Workmen's Compensation Appeal Board

Opinion by

Judge Craig,

Jones & Laughlin Steel Corporation appeals a decision of the Pennsylvania Workmen’s Compensation Appeal Board, which affirmed a referee’s award of total disability benefits to Leonard DeMarco. We must determine (1) whether the employer waived its right to assert res judicata as a bar to DeMarco’s claim petition and (2) whether res judicata does, in fact, prohibit consideration of DeMarco’s petition.

The facts, which are not in dispute, indicate that from 1941 through 1976, Jones & Laughlin employed DeMarco in its seamless tube department; during his employment, DeMarco…