LOWES OF CHRISTIANSBURG v. CLEM

Record No. 1188-01-3.

557 S.E.2d 745 (2002)

37 Va. App. 315

LOWES OF CHRISTIANSBURG, Virginia and Lowes Home Centers, Inc./Specialty Risk Services, Inc., v. Jennifer D. CLEM.

Court of Appeals of Virginia, Salem.

January 15, 2002.


Attorney(s) appearing for the Case

Robert M. Himmel (Monica L. Taylor; Gentry Locke Rakes & Moore, on brief), Roanoke, for appellants.

Robert M. McAdam (Jones & Glenn, P.L.C., on brief), Roanoke, for appellee.

Present: BENTON, ELDER and BUMGARDNER, JJ.


BENTON, Judge.

The sole issue raised by this appeal is whether the Workers' Compensation Commission erred in ruling that Jennifer D. Clem's change-in-condition claim for temporary total disability benefits beginning November 25, 1999 is barred by the doctrine of res judicata. We hold that the claim is not barred and affirm the commission's award.

I.

The evidence proved that in 1997 Clem suffered...

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