Delaware Work Comp News

Published by Howdy Workers on May 11, 2021May 11, 2021

The latest news about workers compensation in Delaware.

• Excess Insurance Carrier Had No Duty to Contribute to Settlement of Worker's Intentional Tort Claim
  May 19, 2023
  The Delaware Superior Court granted summary judgment to an excess insurance carrier, finding it had no obligation to contribute to the settlement of an injured worker’s intentional tort claim. Case: Graphic…
• No Additional Benefits for Worker Lacking Credibility
  April 7, 2023
  The Delaware Superior Court upheld a denial of a worker’s claim for additional benefits and an order allowing his employer to set aside its acceptance of liability for his injuries after…
• Industrial Accident Board Abuses Discretion in Ordering Worker to Wean Off Narcotics
  March 24, 2023
  A Delaware Superior Court judge ruled that the Industrial Accident Board abused its discretion in ordering a worker to eliminate her narcotic dependence for a compensable injury within a specific…
• Court Upholds Limited Award to Worker for Injuries From Falling Off Stool
  March 23, 2023
  The Delaware Superior Court upheld a decision of the Industrial Accident Board awarding limited benefits to a worker for his injuries from a fall from a stool. Case: Jason v. Delaware,…
• Court Grants Default Judgment Against Uninsured Employer, Imposes Assessments
  March 16, 2023
  The Delaware Court of Chancery granted a default judgment to the Department of Labor, imposing assessments and an injunction against an employer that failed to provide proof of workers’ compensation…
• Court Upholds Termination of Worker's Benefits Despite Intervening Car Accident
  February 8, 2023
  The Delaware Superior Court upheld the termination of a worker’s total disability benefits after he recovered from his work injury enough to become employable and then was involved in a…
• Worker Can't Compel Claims Adjuster to Disclose All Reports From Physician
  January 19, 2023
  The Delaware Superior Court ruled that an injured worker could not compel the production of all the reports a claims adjuster had from a specific, allegedly “anti-claimant” physician. Case: Hiller v.
• High Court Upholds Dismissal of Worker's Retaliatory Termination Claim
  January 11, 2023
  The Delaware Supreme Court upheld the dismissal of a worker’s claim of retaliatory termination based on his missed deadlines for challenging the dismissal. Case: Thompson v. Fernbach, No. 219, 2022, 12/21/2022,…
• Court Upholds Award of Compensation for Injured Worker's Epidural Injections
  December 22, 2022
  The Delaware Superior Court upheld an award of compensation for a worker’s epidural injections for his back pain. Case: Quality Assured Inc. v. David, No. N22A-05-012 SKR, 12/06/2022, published. Facts: Bernard David…

Additional Delaware Workers’ Compensation Resources

• Delware Workers’ Compensation Resources