Citing a 1998 state Supreme Court opinion that held “a fact is a fact,” an en banc panel of the Commonwealth Court has ruled an agency administrative finding on an employees’ recovery status precludes a workers’ compensation judge from reaching a different conclusion on the same issue.
The 4-1 panel in Department of Corrections v. WCAB (Wagner-Stover) ruled that two previous state Supreme Court decisions, including one cited as support by the lone dissenting judge, controlled the outcome of the case. Further, wrote Judge Mary Hannah Leavitt for the majority, the issue in each proceeding — compensation for a work injury — “was virtually without difference, and the procedures applicable to each agency’s hearing were comparable.”
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