Paul Marazas v. Workers' Compensation Appeal Board (vitas Healthcare Corporation)

Summary

The court reversed the Board and reinstated the WCJ’s award of workers’ compensation benefits. It held that judicial estoppel did not apply because the employer’s prior position in the withdrawn civil action had not been successfully maintained by a decision-maker, but the claimant was nevertheless acting within the course and scope of employment when he was injured while performing an employer-directed task on the employer’s premises. The court deferred to the WCJ’s supported factual findings and credibility determinations.