Uninsured Employer's Fund v. Derek M. Kramer

DUFF, Senior Judge.

The Uninsured Employer’s Fund (“the Fund”) appeals a decision of the Workers’ Compensation Commission .(commission) awarding benefits to Derek M. Kramer (claimant). The Fund contends the commission erred in finding that (1) the issue of jurisdiction was res judicata because the Fund did not appeal the commission’s April 14, 1998 decision; and (2) the commission had jurisdiction over claimant’s claim on the ground that employer regularly employed three or more persons. Although we find the commission erred in ruling that *80its April 14, 1998 decision was res judicata with…