In Adair Public Schools v. Haley, 2005 OK CIV APP 83, 122 P.3d 490, the claimant alleged injury to her lower back from accidents on two different dates and "depression and anxiety" and similarly amended her claim to add psychological overlay.
In the first order, the trial court found the claimant had compensable work-related back injury and awarded TTD benefits, but denied her claim for psychological overlay. The claimant did not appeal the first order.
After reaching maximum medical improvement, she sought permanent partial disability (PPD) and medical maintenance for her back and psychological overlay injuries, the latter of which the trial court found she had sustained and awarded 5% PPD. The second order was affirmed by a three-judge panel.
On appeal, the employer argued the court's "consequential psychological overlay" finding was barred by the doctrine of res judicata.
When discussing if the employer had waived such argument for appellate review, the Haley Court concluded "[t]he issue decided by the initial denial was whether Claimant suffered from psychological overlay at that time.
The issues are distinct factual determinations to be made in view of the evidence relating to the relevant periods and are not the same."