CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.
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