A health care company was not barred from arguing in a workers’ compensation action that a former employee was acting outside the course of his employment, even though the company had admitted in a previous civil action that the former employee had been acting in the course of his employment, the Commonwealth Court has ruled.
In its Aug. 11 decision in Marazas v. Workers’ Compensation Appeal Board, a three-judge panel of the court ruled that judicial estoppel did not bar the health care company’s arguments because the previous admission was not dispositive of the civil action.
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