Howard v. Stature Electric, Inc.

OPINION OF THE COURT

Pigott, J.

The question presented on this appeal is whether claimant’s Alford* plea should be given preclusive effect in a subsequent workers’ compensation proceeding. Because it cannot be said that the guilty plea necessarily resolved the issue raised in the workers’ compensation proceeding, preclusive effect should not be given.

In March 2003, claimant, David Howard, sustained a back injury while employed by respondent Stature Electric, Inc. He applied for and received workers’ compensation benefits. At a workers’ compensation hearing, when asked, claimant testified that…