GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA – In General

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Collateral estoppel is a subsection of res judicata and involves "issue preclusion." Under the rule of issue preclusion, a prior decision 'operates as an estoppel or conclusive adjudication as to such issues in the second action as were actually litigated and determined in the first action;' p. 14. As the Board is faced with a new legal question, the doctrine of res judicata does not apply; p. 15.