applying issue preclusion to bar a modification/termination petition seeking to relitigate the original medical diagnosis under lying a WCJ’s finding of disability and noting that failure to do so would result in claimants continually being harassed with petitions and hearings at which they would be forced to redemonstrate or redefend their claims
How later courts described this case
- applying issue preclusion to bar a modification/termination petition seeking to relitigate the original medical diagnosis under lying a WCJ’s finding of disability and noting that failure to do so would result in claimants continually being harassed with petitions and hearings at which they would be forced to redemonstrate or redefend their claims
- the doctrine of broad res judicata or issue preclusion forecloses re-litigation in a later action of an issue of fact or law that was litigated and necessary to the original judgment
- res judicata or collateral estoppel “forecloses re-litigation in a later action, of an issue of fact or law which was actually litigated and which was necessary to the original judgment ”
- granting preclusive effect to factual findings of worker’s compensation referee
Written by the judges who cited it.
The opinion
CAPPY, Justice,
concurring.
I join the Majority Opinion. I would likewise reverse the judgment and order of the Commonwealth Court based upon the unrefuted and unrebutted testimony of Appellant’s expert, Dr. Klemens, that pneumoconiosis is irreversible (R. 30a-31), which testimony was corroborated by employer’s expert, Dr. Ketter (R. 23a). I agree that an opening of the original, unappealed determination that Appellant suffered from work-related pneumoconiosis constituted impermissible relitigation.
I write separately to point out that there may be circumstances where a once irreversible disease may, due to advances in medical science, become reversible and, in such event, an employer should have the right to establish that fact at a subsequent workmen’s compensation termination hearing.
NIX, C.J., and FLAHERTY and MONTEMURO, JJ., join.