Cordero v. Gulfstream Development Corp., et. al., IAB Hearing Nos. 1357959 and 1357671 (February 10, 2011) (Order)
Jose Luna v. Turf Pro, Inc., IAB Hearing No. 1368492 (October 4, 2011) (Order)
Employer filed a motion to dismiss Claimant's Petition to Determine Compensation Due, filed on May 27, 2011, on the basis that the Petition alleged a May 13, 2009 work injury and was barred by the applicable two-year statute of limitations set forth in 19 Del. C. § 2344. Claimant argued that Employer had already made payments with respect to the claimed injury and the five-year statute of limitations set forth in 19 Del. C. § 2361(b) should apply.
Martin v. Delaware Home & Hospital, No. 232, 2013 (Del. Supr.) (ORDER).
The Supreme Court affirmed two Superior Court decisions regarding Claimant’s discovery violation and eligibility for total disability benefits.
Kollock v. Allen Harim Foods, LLC, C.A. No.: S14A-06-002 (Del. Super. Oct. 7, 2014).
The Superior Court holds that there is no reason to distinguish between “probationary” and “regular” hourly rates in calculating average weekly wage for an employee who worked for eighteen weeks before she was injured at work.
Burton v. PLS Construction, 2015 WL 4154116 (Del. Super. July 6, 2015)
The Superior Court affirms the Industrial Accident Board decision concluding that the Delaware IAB lacked jurisdiction to hear a case involving an alleged work accident that occurred in Texas because the claimant’s contract of hire was not made in Delaware.
Ida Kelly v. State of Delaware IAB Hearing No. 1309008 (September 18, 2008)
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, 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.
Garrett v. State of Delaware, Del. Super., C.A. No. 07A-04-004, Vaughn, P.J. (August 29, 2008)