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Pugh v. Wal-Mart Stores, Inc., 945 A.2d 588 (Del. 2008)

Pugh, the Claimant in this matter, was awarded $1,200 in disability benefits the day before the scheduled hearing. Wal-Mart agreed that Pugh was entitled to an attorney's fees, but the parties disagreed on the amount. They presented their arguments to the Board, which awarded Pugh $400 in attorney's fees. Pugh appealed. The Superior Court held on appeal that 19 Del. C. § 2320(10)(a) authorized the Board to award attorneys' fees to a claimant who prevails through a settlement rather than a Board determination. It was also held that the Board did not abuse its discretion in awarding the $400 in attorneys' fees based on the $1,200 in disability payments because the Delaware law does not require the Board to value non-monetary benefits and include that value in its fee calculation.

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