Bortz v. WCAB (Reznor Div. of FL Industries)

In Bortz v. Workers' Compensation Appeal Board (Reznor Div. of FL Industries), 546 Pa. 77, 81, 683 A.2d 259, 261 (1996), a claimant was terminated from employment due to being out of his work area without permission and insubordinate by failing follow the instructions of the work shop manager. The Workers' Compensation Appeal Board specifically found that he had not engaged in such conduct. In response to a claim for reinstatement of benefits, Employer defended because "Claimant lost said job, however, due to his misconduct at work." The claimant contended that collateral estoppel applied in a workers' compensation proceeding because the standard in the unemployment setting was essentially identical to the standard used in workers' compensation cases to deny benefits -- that the claimant's lack of earning power was his own fault. Although the "fact" was the same, our Supreme Court found the issue was not one of misconduct akin to that found in unemployment compensation because the ultimate issue was whether the claimant's injury was again affecting his ability to earn, while unemployment compensation benefits, on the other hand, turned on a question of "willful misconduct," i.e., on the presence or absence of a defined level or degree of misconduct. So while the finding of the same "fact" in a workers' compensation proceeding would arrive at the denial of indemnity benefits, the context in which it was made rendered collateral estoppel inapplicable.