Opinion
No. 131255.
September 14, 2006.
Appeal from the Court of Appeals No. 260274.
Summary Dispositions September 14, 2006.
The application for leave to appeal the April 11, 2006, judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the decision of the Workers' Compensation Appellate Commission, mailed December 15, 2004, for the reasons stated in that decision. The Court of Appeals erred by finding res judicata inapplicable because plaintiffs first petition pertained to a psychological condition and his second petition pertained to cardiovascular disease. A workers' compensation award is an adjudication as to the condition of the injured employee at the time it is entered, and conclusive of all matters adjudgeable at that time. Gose v Monroe Auto Equipment Co, 409 Mich 147, 160-161 (1980).
KELLY, J. I would deny leave to appeal.