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FODI'S v. RUTHERFORD

Record No. 1239-97-3.

495 S.E.2d 503 (1998)

26 Va. App. 446

FODI'S and Aetna Casualty & Surety Company, n/k/a Travelers Property Casualty Corp. v. Karen RUTHERFORD.

Court of Appeals of Virginia.

February 3, 1998.

Attorney(s) appearing for the Case

Pamela Meade Sargent (White, Bundy, McElroy, Hodges & Sargent, on brief), Abingdon, for appellants.

Paul L. Phipps (Lee & Phipps, P.C., Wise, on brief), for appellee.

Present: COLEMAN and ELDER, JJ., and COLE, Senior Judge.

COLEMAN, Judge.

Fodi's and its insurer ("employer") appeal the Workers' Compensation Commission's decision awarding Karen Rutherford temporary total disability benefits based upon a change in condition. Employer argues that Rutherford's claim for reinstatement of benefits based on a change in condition was barred by the doctrine of res judicata because of the factual findings made by the commission when deciding the initial claim. We disagree and affirm the...

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