Workers’ Compensation – Motion to Reconsider – Res Judicata

Spears v. Betsy Johnson Memorial Hospital. (Lawyers Weekly No. 11-07-0342, 15 pp.) (Robert C. Hunter, J.) Appealed from the Industrial Commission. N.C. S. Ct. Click here for the full text of the opinion.

Holding: In her original workers’ comp claim, plaintiff asserted that numerous medical conditions were caused by her compensable injury; however, the deputy commissioner found that only her neck and head pain were related to her compensable injury. Since plaintiff did not appeal the deputy commissioner’s causation determination, she is barred from raising that issue in her motion for reconsideration.

We affirm the Industrial Commission’s denial of plaintiff’s motion to set aside its prior decision.

Even though, if a commissioner hears a claim in the first instance, he may not sit on the panel reviewing his own decision, full commission panel members who reviewed a decision may nevertheless remain on the panel when asked to reconsider their prior decision.

Where plaintiff did not raise her claims of fraud on the commission during her original appeal to the full commission or this court, the commission did not abuse its discretion in denying her motion to set aside its prior decision.