Brown v. Kraft Foods, Inc.
Brown v. Kraft Foods, Inc., IAB No.: 1384244 (Nov. 29, 2012)
The Board finds that an injury sustained during a union meeting is not within the course and scope of employment, despite mandatory union membership.
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Brown v. Kraft Foods, Inc., IAB No.: 1384244 (Nov. 29, 2012)
The Board finds that an injury sustained during a union meeting is not within the course and scope of employment, despite mandatory union membership.
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.
Alfonso Smith v. United Water Delaware, IAB No. 1387093 (Jan. 23, 2013)
The Industrial Board finds that a Claimant's unexplained loss of consciousness while driving to a car wash was within the course and scope of his employment and not the result of an idiopathic fall.
Christopher v. Joseph T. Hardy & Sons, IAB No.: 1318548 (Dec. 9, 2013).
The Industrial Accident Board denied Claimant's Petition to Determine Additional Compensation Due and concluded that a proposed lumbar fusion surgery was not reasonable and necessary.
Gondek v. Easy Money Group, C.A. No.: N13A-04-008 FSS (Del. Super. Ct. Dec. 27, 2013).
The Industrial Accident Board denied Claimant’s Petition to Determine Compensation Due, concluding that her injury occurred outside the course and scope of her employment. On appeal, the Superior Court affirmed the Board’s decision.
Blake v. State of Delaware, Del. Supr., No. 477, 2001, Veasy, C.J., (Mar. 12, 2002)
The Court held that a doctor's testimony that he was satisfied to a reasonable degree of medical certainty that a work accident accelerated the claimant's injury and his need for surgery, was sufficient evidence for the Board to infer that the accident proximately caused the surgery. The proper standard, correctly applied by the Board, is whether the surgery would have been required at that time but for the accident.
Meloni v. General Motors Corp., IAB Hearing No. 1243136 IAB Hearing No. 1243684 (June 25, 2004)
This case includes a comprehensive discussion of the standard of causation for cumulative detrimental effect injuries. The Claimant must prove that the ordinary "stress and strain" of employment formed the substantial cause of his workers' compensation claim. That ordinary "stress and strain" must exist as a direct cause to the basis of the claim without which the injuries would not have occurred.
Watson v. Kraft Foods, IAB Hearing No. 130578 (June 20, 2008)
Simms v. State of Delaware, IAB Hearing No. 1340237 (March 22, 2010)
Salyer v. State of Delaware, IAB Hearing No. 1336020 (June 17, 2010)