Supreme Court Says Res Judicata Doesn't Bar Worker's Claim

The North Dakota Supreme Court ruled that res judicata did not bar a worker’s claim for benefits for a back injury. Russell Jones worked for Top Shelf Energy LLC and was involved in a work-related motor vehicle accident. Subsequent imaging revealed acute disc herniation and preexisting degenerative spinal changes.  Workforce Safety and Insurance accepted Jones’ claim for benefits for the disc herniation but denied liability for the preexisting lumbar degeneration, as well as his claim for a left leg injury. Jones requested reconsideration only of the denial of th...