Burnup & Sims, Inc. v. Skinner

WENTWORTH, Judge.

This is an appeal from an order determining claimant’s average weekly wage. The issues presented are: (1) whether the deputy commissioner erred in finding the average weekly wage was $430.74 and rejecting evidence that it was less; (2) whether the deputy commissioner erred in finding that the amount of claimant’s average weekly wage was res judicata when the order giving rise to the application of the doctrine of res judicata was entered during the pend-ency of an appeal in the same case.

During pendency of an appeal of an earlier order herein, the deputy found that since the…