CVS/Caremark Corp. v. Washington

I agree with the main opinion that the evidence supports a finding that Gloria Washington (“the employee”) is permanently and totally disabled for workers’ compensation purposes. I also agree that the defense of judicial estoppel does not apply, but for reasons different from those stated in the main opinion.

I find no need to decide whether CVS/Caremark Corporation (“the employer”) properly raised the affirmative defense of judicial estoppel because I believe that defense does not apply in the present context. As I stated in my special writing in White Tiger Graphics, Inc. v. Clemons, 88…