Should the Doctrine of Res Judicata be Applied to Defeat the Claimants Appeal?
In the December 19, 2006 Proposed Decision and Order, our industrial appeals judge stated, in Conclusion of Law No. 3: The Findings of Fact and Conclusions of Law in the Board’s Proposed Decision and Order dated April 19, 2005, are res judicata, and final and binding on the claimant, self-insured employer, and Department. In this conclusion of law, our industrial appeals judge, unfortunately, fails to distinguish between the doctrines of res judicata and collateral estoppel. The doctrine of collateral estoppel may apply to factual determinations such as those contained within the findings of fact which merely pertain to a single factual issue as opposed to the entire claim or cause of action. In contrast, the doctrine of res judicata applies to entire claims or causes of action rather than individual facts. As stated in Hyatt v. Department of Labor & Indus., 132 Wn. App. 387, 394 (2006): Courts apply the doctrine of res judicata to prevent repetitive litigation of claims or causes of a
