Cases

JCC denied permanent total benefits as claimed by the claimant's attorney since the claimant had not reached maximum medical improvement and it was premature to make the determination on PT entitlement.  A claim was thereafter filed for temporary total compensation from the date benefits had been discontinued.  JCC denied the claim for temporary total based on the doctrine of res judicata since the claimant could have pled a claim for temporary total disability benefits when permanent total benefits were claimed and denied. On appeal, JCC's decision deemed error.  A lower court's ruling that bars relief on the grounds of res judicata is reviewed de novo. 

The doctrine of res judicata can be applicable to workers' compensation cases.  The general principle behind the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is absolute and puts to rest every justiciable issue as well as every actually litigated issue.  The foundation of the doctrine of res judicata is the existence of a final judgment on the merits in a previous action.  Thus, where there is an absence of a final adjudication on the merits, res judicata does not apply. 

The prior order entered by the JCC finding MMI not to have been reached withheld adjudication on the entirety of the claimant's claim for PTD benefits, with no portion of the claim being adjudicated with finality because the JCC concluded the claim was premature.  The denial of the PT claim was expressly made without prejudice.  The dismissal of a prematurely filed claim does not bar a subsequent action under the doctrine of res judicata.