Res Judicata, Independent Contractor Evidence Bills Headed to Governor

Two bills affecting workers' compensation claims are on their way to the governor after approval by the Virginia legislature on Wednesday. The House of Delegates voted in favor of SB 1351, which would allow injuries or conditions to be added to a claim after adjudication. The bill, introduced by Sen. Lynwood Lewis, D-Accomac, was endorsed by the Senate last month. If signed by Gov. Ralph Northam, the measure would essentially preclude the legal doctrine of res judicata in some comp cases. The issue stems from a 2011 case in which the Virginia Court of Appeals held that res judicata ...