(Download) "Howard C. Breeding v. Contractors-One-Inc" by Supreme Court of Delaware # eBook PDF Kindle ePub Free
eBook details
- Title: Howard C. Breeding v. Contractors-One-Inc
- Author : Supreme Court of Delaware
- Release Date : January 03, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this workmen's compensation dispute we are required once again to review the Industrial Accident Board's application of
the displaced worker doctrine as well as Superior Court's performance of its appellate function in reviewing rulings of the
Board. The appeal raises three issues: one, whether the Board's finding of no causal connection between the employee's right
hip and leg complaints and his 1984 industrial accident may be sustained; two, whether the Board properly applied the law
of displaced worker in finding that the employee's partial disability in his right shoulder and arm did not render him totally
disabled; and three, whether Superior Court properly carried out its review function in affirming the Board's result but on
different reasoning based on independent findings not made by the Board. We affirm as to the first issue but reverse as to
issues two and three. Plaintiff, Howard C. Breeding, appeals from two decisions of the Superior Court dated May 13, 1988 and January 7, 1987 and
two decisions of the Industrial Accident Board dated September 23, 1985 and October 8, 1987. In Breeding's first appeal to
Superior Court of the Board's 1985 ruling, Superior Court affirmed the Board on its disability rulings, but held that the
Board had wrongfully deprived Breeding of the right to be heard on the attorney fee issue and remanded the case to the Board.
Both parties appealed, but this Court dismissed the appeal as interlocutory. Breeding v. Contractors-One-Inc., Del. Supr.,
527 A.2d 281, No. 17, 1987, Horsey, J. (June 1, 1987) (Order). On remand, the Board increased claimant's attorney fee on the
permanency issue to the statutory maximum.