Supreme Court of Delaware

Industrial Accident Board's (IAB) denial of a claimant's petition to Determine Additional Compensation Due is affirmed where: 1) neither res judicata nor collateral estoppel barred the proceeding at issue; 2) substantial evidence supported its permanent impairment findings; 3) there was no misuse of certain hearsay evidence; 4) there was no reversible error with regard to a finding that claimant refused certain medical treatment; 5) the IAB properly considered medical evidence; and 6) an argument regarding a settlement offer was moot.

Appellate Information

• Decided 02/03/2007
• Published 02/05/2007

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Walt F. Schmittinger, Esquire, Schmittinger and Rodriguez, Dover, Delaware, for appellant.


• For Appellees:
  
• Dennis Menton, Esquire, Tybout, Redfearn & Pell, Wilmington, Delaware, for appellee.