Issues: Judicial Estoppel, Receipt of Unemployment Compensation on Workers' Compensation Claim.

Clemons sued White Tiger, a printing business, seeking workers' compensation benefits. Clemons alleged that he injured his left knee and right shoulder in work-related accidents. Clemons' employment was terminated in late 2009 and subsequently received unemployment benefits from the State Department of Industrial Relations. Following a trial on the workers' compensation claim, the trial court awarded Clemons permanent total disability benefits. On appeal, White Tiger argued that Clemons was judicially estopped from claiming that he was disabled because in order to receive unemployment compensation he had to be "physically and mentally able to perform work of a character which he is qualified to perform by past experience or training." The Court of Civil appeals held that receipt of unemployment compensation did not bar a worker from claiming total disability. According to the Court, "Clemons' assertion to D IR that he was willing and able to perform some work that he was qualified to do is not totally inconsistent with his claim to be permanently and totally disabled for workers' compensation purposes."