Scierka v. Department of Corrections, State Correctional Institution at Dallas

In Scierka v. Department of Corrections, State Correctional Institution at Dallas, 852 A.2d 418 (Pa. Cmwlth. 2004), the Court held that collateral estoppel did not bar the Secretary from finding that a claimant had fully recovered from a work-related injury when a workers' compensation judge had previously found she had not. In that case, the claimant, a female psychological services specialist employed at SCI-Dallas, was counseling a male inmate when he reached through the bars of his cell and touched her right breast while she was taking notes. She filed a claim with the Department of Corrections for benefits under Act 632 alleging a psychiatric injury. She also filed a claim for workers' compensation benefits. While her claim was pending before the Department, a WCJ granted her claim petition for a psychic injury. The Department ultimately denied her claim for a psychic injury and denied her Act 632 benefits. She filed an appeal to this Court arguing that the doctrine of collateral estoppel precluded the Department from making contrary findings to those of the WCJ. Relying on Cantarella v. Department of Corrections, 835 A.2d 870 (Pa. Cmwlth. 2003), also a case with similar facts, we held that the "doctrine of collateral estoppel does not preclude the Department from making findings contrary to those made by a WCJ in a collateral workers' compensation proceeding." Scierka, 852 A.2d at 422.