State ex rel. Pepsi-Cola Bottling Co. v. Morse

Both procedural and substantive challenges have been made to the commission’s order. Sustaining these objections in part, we reverse the appellate court’s judgment.

I

Questioning Pepsi’s ability to maintain this cause of action, claimant points out that Pepsi did not appeal the June 14, 1989 order that first awarded wage-loss compensation. Advancing a theory that combines elements of res judicata with failure to exhaust administrative remedies, claimant contends that appellant’s cause of action is barred.

Underlying claimant’s argument is the belief that once eligibility for compensation has…