Fodi's and Aetna Cas. & Sur. Co. v. Rutherford
In Fodi's and Aetna Cas. & Sur. Co. v. Rutherford, 26 Va. App. 446, 495 S.E.2d 503 (1998), the Court recognized the following:
Code 65.2-101 defines a "change in condition" as "a change in the physical condition of the employee as well as a change in the conditions under which compensation was awarded, suspended, or terminated which would affect the right to, amount of, or duration of compensation."
When an employee applies for reinstatement of disability benefits based upon a change in condition, the commission must determine:
(1) whether a "change in condition" has occurred as defined in Code 65.2-101, that affects the employee's capacity to work;
(2) if so, whether the change is due to a condition causally connected with the original compensable injury. Where an application for a change in condition is filed for the sole purpose of presenting additional evidence in support of a claim that has previously been denied, res judicata will bar reconsideration of the claim. Id. at 448, 495 S.E.2d at 504.