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Res Judicata Barred Worker From Re-Litigating Compensability of Knee Surgery

By WorkCompCentral

Wednesday, April 11, 2018 | 0

The Virginia Court of Appeals ruled that the doctrine of res judicata barred an injured worker from seeking additional benefits and coverage for knee surgery after the Workers’ Compensation Commission had already rejected her medical evidence as insufficient to prove causation. Case: Levy v. Wegmans Food Markets, No. 1634-17-4, 04/03/2018, published. Facts and procedural history: Debra Levy worked for Wegmans Food Markets. She injured her right knee in a workplace fall in June 2011. Levy already suffered from severe arthritis in that knee prior to her fall. In April 2015, Levy r...

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