Connie P. Mitchell vRichmond Nursing Home & Trigon ( 2001 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judge Bumgardner and
Senior Judge Duff
CONNIE P. MITCHELL
MEMORANDUM OPINION*
v. Record No. 0605-01-2 PER CURIAM
JUNE 26, 2001
RICHMOND (CITY OF) NURSING HOME AND
RICHMOND (CITY OF) TRIGON ADMINISTRATORS
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Connie P. Mitchell, pro se, on brief.)
No brief for appellees.
Connie P. Mitchell (claimant) contends that the Workers'
Compensation Commission erred in finding that her claims for
benefits related to her knees, filed with the commission on
October 1, 1998 and February 8, 1999, were barred by the
doctrine of res judicata. Upon reviewing the record, claimant's
brief, and the motions filed by Richmond (City of) Nursing Home
and its insurer (hereinafter referred to as "employer"), we
conclude that this appeal is without merit. Accordingly, we
summarily affirm the commission's decision. See Rule 5A:27. 1
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
1
Because we find that the commission's decision is subject
to summary affirmance, we deny employer's motion to dismiss on
the ground that claimant failed to comply with Rule 5A:25(d)
with respect to the filing of the appendix. With respect to
employer's "objection to appellant's statement of questions
Res judicata applies "where there is a valid, personal
judgment obtained by a defendant on the merits of an action.
The judgment bars relitigation of the same cause of action, or
any part thereof which could have been litigated between the
same parties and their privies." K & L Trucking Co. v. Thurber,
1 Va. App. 213, 219, 337 S.E.2d 299, 302 (1985).
In a July 27, 1997 opinion, Deputy Commissioner Herring
found that claimant's knee problems were not causally related to
her compensable December 8, 1992 injury by accident. In
addition, the deputy commissioner held that employer was not
responsible for any disability or payment for total knee
replacement for either of claimant's knees. That opinion was
affirmed by the commission and this Court. On November 17,
1998, the Supreme Court of Virginia dismissed claimant's
petition for appeal.
On October 1, 1998, claimant filed a claim for payment of
medical bills related to her knees and continuing wage loss
benefits beginning February 1997. On February 8, 1999, claimant
filed a claim requesting an award of permanent partial
disability benefits related to her knees.
On September 14, 2000, an evidentiary hearing was held
before Deputy Commissioner Stevick on claimant's October 1, 1998
and February 8, 1999 claims. At that time, she sought temporary
____________________
presented," we have considered only those questions germane to
the commission's decision.
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total disability benefits beginning February 1997 and continuing
and permanent partial disability benefits to both knees and
payment of certain medical bills.
Because valid final judgments existed prior to the
September 14, 2000 hearing, finding that any problems related to
claimant's knees were not causally related to her compensable
December 8, 1992 injury by accident, the commission did not err
in ruling that claimant could not seek to relitigate those
issues. Thus, the commission properly denied claimant's
October 1, 1998 and February 8, 1999 claims related to her
knees, as barred by the doctrine of res judicata.
For these reasons, we affirm the commission's decision.
Affirmed.
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