Butler v. Twin Rivers Paper

Insurance Company

Sedgwick Claims Management Services

Date Decided

December 9, 2016

Panel Members

Timothy Collier

Elizabeth Elwin

Mike Stovall


Res Judicata


Incapacity Level Expressly Reserved

File Size

162 KB


Summary from the Troubh Heisler Attorneys

Butler apparently injured himself at work and had earlier filed a Petition for Award, which former HO Greene apparently denied (the appellate decision lacks detail). Butler filed a Petition for Restoration, and Twin Rivers raised res judicata as a defense. Judge Jerome rejected that defense and granted the petition, and Twin Rivers appealed.

The Appellate Division panel sustained Judge Jerome's decision, noting that, in the initial decision denying benefits, HO Greene did not set Butler's level of incapacity but instead "expressly reserved" the issue, keeping it “open for future litigation.”

Page |