Paschke v. Retool Industries

This worker’s compensation case comes to us following a reversal of an award by the Court of Appeals. The Court of Appeals found that plaintiff was judicially estopped from assert*505ing his claim of total disability by previous assertions made to the Employment Security Commission that he was willing and able to work.

We reverse the decision of the Court of Appeals and find that plaintiff was not judicially estopped from advancing his claim. A representation made before the mesc that one is willing and able to work, in order to secure unemployment benefits, may not be used to preclude a…