Disability Law

Res Judicata Does Not Bar Second Claim for PTD Benefits

By David A. McCranie, Esq.

Res judicata (literally, "a thing decided") is an equitable doctrine which bars the re-litigation of claims and issues that have already been determined in an earlier judicial proceeding.  Does that doctrine bar a claim for permanent total disability benefits where the JCC has previously considered and denied such a claim?  Not necessariliy, said the First DCA in Myers v. Hillsborough County School Board, decided on 4/23/2008.

Myers had filed a claim for an award of PTD benefits commencing in April 2000 which the JCC denied in April 2004.  In September 2006, he filed a second claim for PTD benefits, this time commencing in September 2005.  Because the second PTD claim covered a different time period, and because the April 2004 denial "did not go to the entire merits of future disability claims," the First DCA said the second PTD claim was not barred by res judicata.

Full post as published by Florida Workers’ Compensation Law Blog on May 07, 2008 (boomark / email).