Superior Court of Delaware

A decision of the Industrial Accident Board, which terminated claimant's total disability benefits and awarded partial disability benefits based on a labor market survey, is affirmed over challenges: 1) that the Board erred in accepting the opinion of one doctor over another in determining claimant's disability status; 2) that the Board was barred by the doctrines of res judicata and collateral estoppel in reconsidering the reliability of a doctor's opinion; and 3) to the validity of the labor market survey.

Appellate Information

• Decided 10/06/2006
• Published 10/12/2006

Judges

Court

• Superior Court of Delaware

Counsel