Supreme Court of Delaware

In an action arising from an injury in a work-related accident wherein a petition for additional compensation was filed with the Industrial Accident Board more than 5 years after the employer's insurance carrier mailed the last medical expense payment, judgment that the petition was time-barred under 19 Del. C. section 2361(b) is affirmed over claims that: 1) the limitations period began to run when the claimant or his medical provider actually receives the last payment; and 2) the Board's decision was not supported by substantial evidence; and 3) the Superior Court applied its own construction of section 2361(b) incorrectly and erred when it upheld the Board's ultimate ruling of the petition as barred.

Appellate Information

• Decided 12/05/2007
• Published 12/05/2007

Judges

• RIDGELY, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Edward B. Carter and Lawrance Spiller Kimmel (argued), Esquires, of Kimmel, Carter, Roman & Peltz, P.A., Bear, Delaware, for Appellant.


• For Appellees:
  
• David R. Batman, Esquire, of Heckler & Frabizzio, P.A., Wilmington, Delaware, for Appellee.