02/15/2013 // West Palm Beach , Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
Albany, NY – The New York Court of Appeals has decided that a workers compensation ruling in a personal injury case is binding. As reported by Reuters, the court determined Thursday in a 4 to 1 decision that a plaintiff who filed a personal injury suit could not litigate an issue that had previously been decided in a related proceeding for workers compensation.
The plaintiff, Jose Verdugo, was seeking compensation for damages from a 2003 construction site injury after he was deemed to no longer be disabled in 2006 by a workers compensation judge.
The majority is quoted in the report as writing in an unsigned memorandum, “Although legal conclusions and conclusions of mixed law and fact are not entitled to preclusive effect, findings of fact that are necessary for an administrative agency to reach are entitled to such effect.”
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