Cantarella v. Department of Corrections

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority agrees with the Department of Corrections (Department) that the doctrine of collateral estoppel did not preclude the Department from re-litigating issues of law and fact in this Act 6321 proceeding that already had been decided in the prior workers’ compensation proceeding. Unlike the majority, I cannot agree with the Department.

The doctrine of collateral estoppel, or issue preclusion, prevents the re-litigation of issues of law or fact in a subsequent action when the following factors are demonstrated: (1) the issue…