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RUSTY'S WELDING SERVICE, INC. v. GIBSON

Record No. 2552-97-2.

501 S.E.2d 444 (1998)

27 Va. App. 733

RUSTY'S WELDING SERVICE, INC. and Harleysville Mutual Insurance Company v. Edward Wayne GIBSON.

Court of Appeals of Virginia, Richmond.

July 7, 1998.

Attorney(s) appearing for the Case

S. Vernon Priddy, III (Sands, Anderson, Marks & Miller, on brief), Richmond, for appellants.

No brief or argument for appellee.

Present: BAKER and ANNUNZIATA, JJ., and COLE, Senior Judge.

ANNUNZIATA, Judge.

Rusty's Welding Service, Inc. (employer) appeals the commission's award of benefits to Edward Wayne Gibson (claimant). Employer contends the award is barred by principles of res judicata and that the award improperly required employer simultaneously to pay permanent partial disability (PPD) and temporary partial disability (TPD) benefits. We agree with employer's claim of res judicata, and reverse.

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