Commonwealth, Department of Corrections v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge PELLEGRINI.

Because it is against our Supreme Court’s decision in Cohen v. Workers’ Compensation Appeal Board (City of Philadelphia), 589 Pa. 498, 909 A.2d 1261 (2006), which is virtually identical to this case, I disagree with the majority’s holding that the Workers’ Compensation Judge (WCJ) was collaterally estopped from determining that Brenda Wagner-Stover (Claimant) continued to suffer from work-related injuries after the Department of Corrections (Department) found the opposite in Claimant’s Act 632 hearing. Accordingly, I respectfully dissent.

This appeal…