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Pugh v. New Castle County

Pugh v. New Castle County, IAB No. 1354747 (Nov. 16, 2015).

The Board holds that dental treatment, including dental implants, is causally related to a compensable work accident.  Specifically, the claimant’s significant and rampant dental decay was caused by xerostomia, or dry mouth, resulting from medications used to treat his compensable low back injury.

Gilliard Belfast v. Wendy's, Inc.

Gilliard Belfast v. Wendy's, Inc., 754 A.2d 251 (Del. 2000)

The Supreme Court held that the IAB's decision to deny claimant, who was ordered by her treating physician not to work prior to a compensable second operation, compensation for total disability while she waited for second operation was contrary to law. In addition, the Court held that a claimant who can only resume some form of employment by disobeying the orders of his treating physician is totally disabled, at least temporarily, regardless of his capabilities.

Enna v. Skadden Arps Slate Meagher & Flom

Enna v. Skadden Arps Slate Meagher & Flom, IAB Hearing No. 1243136 (May 3, 2004)

An associate attorney at a law firm who was struck by a vehicle while engaged in a mid-day walk was deemed outside the course and scope of his employment. The Board rejected the argument that the employee had a semi-fixed place of employment, and held that the walk was not reasonably related to business activity.

Armstead v. Delaware Claims Processing Facility

Armstead v. Delaware Claims Processing Facility, IAB No. 1383199 (Order) (Dec. 5, 2012)

Slip and Fall in landlord's valet parking driveway is part of a tenant employer's premises for compensation purposes.

Claimant was injured while walking across a semi-circular parking apron (driveway) adjacent to a public street. Claimant slipped and fell on the asphalt of the driveway on her way into work. The driveway was owned and maintained by the owner of the building, the Employer was a tenant in that building.


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