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BROCK v. VOITH SIEMENS HYDRO POWER

Record No. 0428-11-3.

716 S.E.2d 485 (2011)

59 Va. App. 39

Billy Joe BROCK v. VOITH SIEMENS HYDRO POWER GENERATION and Liberty Mutual Fire Insurance Company.

Court of Appeals of Virginia, Salem.

November 1, 2011.

Attorney(s) appearing for the Case

Wesley G. Marshall (Law Offices of Wesley G. Marshall, PLC, on brief), for appellant.

Wade T. Anderson ( John C. Johnson ; Jonas A. Callis ; Frith Anderson & Peake, P.C., Roanoke, PC, on brief), for appellees.

Amicus Curiae: Virginia Trial Lawyers Association ( Craig B. Davis ; Gregory O. Harbison ; Emroch & Kilduff, LLP, Richmond; Harbison Law Firm, PLLC, on brief), for appellant.

Present: FRANK, KELSEY and McCULLOUGH, JJ.

KELSEY, Judge.

Billy Joe Brock appeals a decision of the Virginia Workers' Compensation Commission barring him from litigating injuries he alleged in his initial claim but did not raise at his evidentiary hearing. Brock contends the commission misapplied the res judicata doctrine as a matter of law. We disagree and affirm.

I.

Brock was injured at work in January 2007. He filed a workers' compensation claim in July 2007 seeking benefits for...

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