Sean Emory v. J.R.'s Truck Co., Inc., IAB Hearing No. 1295612 (March 31, 2011)
Fleming v. Purdue farms, Inc. Del. Super., C.A. No. 02A-02-009, Stokes, J. (October 30, 2002)
The Superior Court held that pursuant to 18 Del. C. § 3914, a workers' compensation insurer is required to give written notice of the applicable statute of limitations during the pendency of a claim.
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.
Kapa v. City of Wilmington, IAB No. 1406213 (July 18, 2014).
Firefighter’s hearing loss claim barred by statute of limitations and not causally related to his employment.