Hernandez v. ASAP Emp't Serv., Inc.

When an objection of res judicata is raised before the case is submitted and evidence is received on the objection, the standard of review on appeal is traditionally manifest error with regard to factual findings of the trial court. However, the res judicata effect of a prior judgment is a question of law that is reviewed de novo on appeal. Pierrotti v. Johnson, 11-1317, p. 9 (La. App. 1st Cir. 3/19/12), 91 So.3d 1056, 1063.

I believe the WCJ committed legal error in looking solely at whether fraud or misrepresentation *315occurred pursuant to La. R.S. 23:1272(B), when it has been held that such…