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Senate Passes Bill That Could End Res Judicata in Comp Claims

By William Rabb (Reporter)

Tuesday, February 2, 2021 | 0

Almost a decade after an appeals court reinforced the notion that injuries can't be added to claims already decided, and five years after the court found the opposite was true, the Virginia Senate has approved a bill that seeks to settle the matter. Senate Bill 1351 would add one sentence to the state's workers' comp statute: “No order issued by the commission awarding or denying benefits shall bar by res judicata any claim by an employee or cause a waiver, abandonment or dismissal of any claim by an employee if the order does not expressly adjudicate such claim.” Res...

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