COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Coleman and Willis 

LINWOOD W. BURT 

 MEMORANDUM OPINION*

v. Record No. 1149-97-1 PER CURIAM 

 OCTOBER 7, 1997 

MCLEAN CONTRACTING COMPANY and 

 FIDELITY & CASUALTY INSURANCE 

 COMPANY 

 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION 

 (Linwood W. Burt, pro se, on brief). 

 (R. John Barrett; Kelly O. Stokes; 

Vandeventer, Black, Meredith & Martin, on 

brief), for appellees. 

 Linwood W. Burt contends that the Workers' Compensation 

Commission (commission) erred in finding that his June 10, 1996 

claim for an award of permanent total disability benefits was 

barred by the applicable statute of limitations and the doctrine 

of res judicata. Upon reviewing the record and the briefs of the 

parties, we conclude that this appeal is without merit. 

Accordingly, we summarily affirm the commission's decision. Rule 

5A:27. 

 In a November 14, 1995 memorandum opinion, we ruled that 

Code § 65.2-708 barred Burt's September 7, 1994 claim for 

permanent total disability benefits because his application was 

filed more than three years after the date for which compensation 

was last paid. See Burt v. McLean Contracting Co., Record No. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
 2 

2403-94-1 (Va. Ct. App. Nov. 14, 1995). We found no basis upon 

which to apply the doctrine of imposition or for tolling the 

statute of limitations. See id. We denied Burt's numerous 

requests for rehearing with regard to our November 14, 1995 

decision. 

 By letter dated June 7, 1996 and received by the commission 

on June 10, 1996, Burt asked the commission to reconsider the 

issue of his claim for permanent total disability benefits. The 

commission ruled that it lacked jurisdiction to consider the June 

10, 1996 application. In so ruling, the commission found as 

follows: 

 [T]he Commission is not allowed to revisit 

this matter, because the Virginia Court of 

Appeals has issued a final ruling which finds 

the claim for benefits is barred by the 

statute of limitations. The Commission is 

bound by the Court's November 14, 1995, 

Opinion. Therefore, upon careful 

consideration of [Burt's] request for Review, 

we find the Claims Manager correctly held 

that the Commission has no jurisdiction to 

consider [Burt's] request. 

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., Inc. v. Thurber, 

1 Va. App. 213, 219, 337 S.E.2d 299, 302 (1985). 

 Burt raised the issue of his entitlement to an award of 

permanent total disability benefits in his September 7, 1994 
 3 

application. The commission denied that application because the 

applicable statute of limitations had expired. On November 14, 

1995, we affirmed the commission's decision and later denied 

Burt's requests for rehearing. Our November 14, 1995 decision 

became final and prevented Burt from relitigating the issue of 

his entitlement to an award of permanent total disability 

benefits. Thus, the commission properly ruled that the issue of 

Burt's entitlement to an award of permanent total disability 

benefits could not be litigated again because this Court's 

November 14, 1995 decision is final. 

 We deny employer's request for sanctions. 

 For the foregoing reasons, we affirm the commission's 

decision. 

 Affirmed.