WCLJWorkers' Compensation Law Judge
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The WCLJ found Cox's testimony to be credible and concluded that he sustained a mental injury as a result of "the stress of being directed to engage in deceptive business practices." This stress was greater than that experienced in a normal work environment because "pressure to engage in unethical and illegal practices ...
The WCLJ ruled Howard was entitled to a hearing because "the plea agreement did not involve a hearing on the merits?' However, the Workers' Compensation Board held on appeal that his criminal conviction precluded him from contesting whether he violated section 114-a-under the doctrine of collateral estoppel.
After an evidentiary hearing, a WCLJ found SIF failed to prove Howard violated section 114-a by misrepresenting his work status and awarded benefits.