Johnson v. Workers Comp. Appeal Bd.
Johnson v. Workers Comp. Appeal Bd.
Opinion of the Court
Plaintiff Emerald Johnson, proceeding pro se , brings this civil action against "Philadelphia Coca-Cola," his former employer, and the Workers Compensation Appeal Board.
I. FACTS
On September 16, 2013, Johnson injured his foot while on the job at the Coca-Cola facility in Philadelphia. It appears that he initially received workers' compensation benefits related to the injury. A review of public records reflects that in 2015, the Coca-Cola Company petitioned to suspend and terminate Johnson on the basis that he had recovered from that injury. Johnson v. Workers' Comp. Appeal Bd. (Philadelphia Coca-Cola) , No. 640 C.D. 2017,
Johnson appealed to the Workers' Compensation Appeal Board, which affirmed *706the judge's decision. Johnson filed a petition for review of that decision with the Pennsylvania Commonwealth Court, claiming that the judge "erred in determining that he was fully recovered from the work-related injury." Id. The Commonwealth Court affirmed the Board's decision. Id. at *3. Johnson petitioned the Supreme Court of Pennsylvania to hear his case, but his petition was denied. Johnson v. Workers' Compensation Appeal Board (Philadelphia Coca-Cola) , Docket No. 43 EAL 2018,
On August 13, 2018, Johnson filed the instant civil action using this Court's form Complaint for employment discrimination. As in his state court-litigation, Johnson contends that he is still injured and receiving medical treatment for his injuries. The Court understands Johnson to be raising a claim under the Americans with Disabilities Act based on his former employer's decision to terminate him despite his contention that he is still injured and unable to work. He seeks an order directing the Defendants to "reasonably accommodate [his] disabilities." (Compl. ECF No. 2, at 8.)
II. STANDARD OF REVIEW
The Court grants Johnson leave to proceed in forma pauperis because it appears that he is not capable of pre-paying the fees to commence this civil action. Accordingly,
The Court must accept Johnson's factual allegations as true and may consider documents attached to the Complaint and matters of public record. Buck v. Hampton Twp. Sch. Dist. ,
III. DISCUSSION
Johnson's claims are precluded because he may not relitigate in federal court issues that he unsuccessfully litigated in state court. Federal courts are required to "give the same preclusive effect to state court judgments that those judgments would be given in the courts of the State from which the judgments emerged." Lance v. Dennis ,
*707(1) An issue decided in a prior action is identical to one presented in a later action;
(2) The prior action resulted in a final judgment on the merits;
(3) The party against whom collateral estoppel is asserted was a party to the prior action, or is in privity with a party to the prior action; and
(4) The party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action.
Rue v. K-Mart Corp. ,
As in Jones , Johnson's claims rest on an allegation that he remained disabled as a result of his work-related injury, and that his employer failed to accommodate that disability. However, because Johnson is precluded from relitigating his recovery from his work-related injury, his "ADA claim fails as a matter of law."
IV. CONCLUSION
For the foregoing reasons, the Court will dismiss the Complaint. Johnson will not be given leave to amend because amendment would be futile. Johnson's Motion for Counsel will be dismissed as moot. See Tabron v. Grace ,
On the second page of the Complaint, Johnson identified Defendant Workers Compensation Appeal Board as the "Department of Labor & Industry/Workers Compensation Appeal Board/Capital Assoc Building."
The Court adopts the pagination assigned to the Complaint by the CM-ECF system.
Reference
- Full Case Name
- Emerald JOHNSON v. WORKERS COMPENSATION APPEAL BOARD
- Status
- Published