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Res Judicata Doesn't Bar Worker's Additional Claims After Trial

Wednesday, December 4, 2019 | 0

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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