A personal injury plaintiff is not collaterally estopped fromasserting a claim for psychological damages, even though the issue was already ruled uponin his workers’ compensation action, a common pleas court has ruled.

According to the three-judge panel in Kerlin v. NationalRailroad Passenger Corp., PICS Case No. 99-0846 (C.P. Dauphin March 12, 1999) Lewis,J. (7 pages), Douglas Kerlin did not have a “full and fair opportunity tolitigate” the facts relvant to his claim for psychological damages during his earlierworkers’ compensation case.

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