Farner v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. Unlike the majority, I do not believe that the doctrine of collateral estoppel applies to bar Rita Far-ner’s (Claimant) petition to set aside the Compromise and Release Agreement by Stipulation (C & R Agreement) between Claimant and Rockwell International (Employer). In addition, I agree with Workers’ Compensation Judge Anne Colohan (WCJ Colohan) that Claimant provided a sufficient basis to set aside the C & R Agreement on grounds of mistake. Most important, I believe that, in reversing WCJ Colohan’s decision, the Workers’…