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LAW OF THE CASE

See Res Judicata

The "law of the case" doctrine provides: "Where there have been two appeals in the same case, between the same parties and the facts are the same, nothing decided on the first appeal can be re-examined on a second appeal. . . . It differs from res judicata in that the conclusiveness of the first judgment is not dependent upon finality." American Filtrona Co. v. Hanford, 16 Va. App. 159, 164-65, 428 S.E.2d 511, 514 (1993) (quoting Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620-21, 93 S.E. 684, 687 (1917)).   

"[D]ictim of the reviewing court" or "statements casually made as to other portions of the case not under consideration at the time they are made" do not fall within the purview of the law of the case doctrine. Morison v. Dominion Nat'l Bank, 172 Va. 293, 299-300, 1 S.E.2d 292, 294 (1939). Where neither the statute of limitations nor the correctness of the date upon which compensation was last paid to claimant was an issue "urged or considered" when the commission and the Court of Appeals addressed the 1994 claim, id. at 300, 1 S.E.2d at 294, any reference to the date upon which compensation was last paid to claimant by the commission in its September 1996 review opinion or the Court of Appeals in its April 1997 opinion was not conclusive and binding upon the parties.  Steve M. Hayes v. 4 E Corporation, Record No. 1857-99-2 (January 18, 2000). WP Version.

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