A Louisiana appellate court ruled that the doctrine of res judicata did not bar a worker from asserting claims for additional benefits and medical treatment even though a jury had found he was not permanently and totally disabled.
Case: Thomas v. Marsala Beverage Co., Nos. 52,898-WCA, 52,899-WCA, 52,900-WCA, and 52,901-WCA, 11/20/2019, published.
Facts and procedural history: James Thomas worked for the Marsala Beverage Co. as a forklift operator. He suffered injuries at work in November 2010 when his forklift rolled out the back of the truck as it pulled away from a loading dock.
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