Defendant Not Entitled to Assert Collateral Estoppel Defense Based on WCB Decision

A New York appellate court ruled that a defendant in a civil action was not entitled to amend its answer to assert a collateral estoppel defense based on a finding by the Workers’ Compensation Board that the plaintiff’s injuries had resolved. Case: Nunez v. CH Housing Development Fund Corp., No. 800460/21, 01/23/2025, published. Facts and procedural history: Marco Tulio Aleman Nunez filed a personal injury action against CH Housing Development Fund Corp. He also filed a workers’ compensation claim for injuries to his right knee and hip. After the Workers' Compensation ...