A Florida appellate court has ruled to revive an injured worker’s permanent total disability claim (based an on back injury and psych condition) despite the fact that he had filed and then voluntarily dismissed two previous PTD claims. The court granted him a third petition as a “matter of law.” The case, Moreno v. Palm Beach County School Board, reveals indecisive action on the part of the claimant, Ismael Moreno seemingly regarding when payment was to start. All three PTD claims are related to the same back injury. The third, most recent claim was filed in November 2013 and also cited a psychological injury related to his back problems. After Moreno’s employer moved to dismiss the third claim, the lower court ruled that the matter was res judicata due to the two previous voluntary dismissals. The appellate court has ruled that this was in error because the facts of the case may not be the same (in which case, res judicata would not apply) and Moreno may proceed. Read the overview from WorkCompCentral here. Read the decision from the 1st District Court of Appeal decision here.