Westendorf v. Campbell Soup Co.
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 2015, among the opinions in this site’s citation index.
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Cases that cite this one
5 later published cases cite this decision. The 4 that cite it most often are listed here.
- Mach v. Wells Concrete Products Co. (Minn. 2015)
- Heine v. Simon (Minn. Ct. App. 2004)
- Fischer v. Saga Corp. (Minn. 1993)
- Gose v. Monroe Auto Equipment Co. (Mich. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The employer and insurer seek review of a decision of the Workers’ Compensation Board awarding the employee benefits for permanent and total disability. On appeal they argue that the award was precluded in part by principles of res judicata and that the finding of permanent and total disability is not supported by the evidence.
On May 21, 1971, the employee filed a claim petition seeking benefits for 15-percent permanent partial disability of each hand and medical expenses. The question of total disability was not litigated or decided at the hearing on this petition. On September 26, 1973, the employee filed a second claim petition seeking benefits for permanent total disability from May 14, 1971.
While principles of res judicata do apply to decisions of the Workers’ Compensation Board in some instances, 1 they do not bar further pro *551 ceedings to determine claims not litigated in the prior hearing. 2 The compensation board’s finding that the employee is permanently and totally disabled is supported by substantial evidence in view of the entire record as submitted.
Respondent is allowed $350 attorneys fees on this appeal.
Affirmed.
Brix v. General Accident & Assur. Corp. 254 Minn. 21, 93 N. W. 2d 542 (1958).
Hill v. Conroy Brothers Co. Inc. 306 Minn. 358, 237 N. W. 2d 606 (1975).
Case-law data current through September 30, 2026. Source: CourtListener bulk data.