| Date: | 07/22/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 057186-90 |
| Location: | Boston |
- Employee: Leon Grant
- Employer: APA Transmissions
- Insurer: Liberty Mutual Insurance Company
MCCARTHY, J. The insurer appeals a decision of an administrative judge finding that principles of res judicata and collateral estoppel bar reconsideration of the issue of average weekly wage after the parties stipulated to average weekly wage in a prior unappealed hearing decision. We agree that principles of res judicata, though not collateral estoppel, prevent reopening the issue of average weekly wage under these circumstances. We also conclude that prior agreements entered into by the parties were binding as to average weekly wage in proceedings before the Board, and that, as with other issues settled by agreement, any remedy for reformation of the agreement lies in Superior Court.