Supreme Court of Delaware

In an workers' compensation appeal asserting that the Industrial Accident Board (IAB) hearing officer should have granted a motion to vacate a decision based on similarities between the matter decided and the hearing officer's own IAB claim, the combination of the following interrelationships mandates recusal to avoid the appearance of impropriety: 1) both claimants sought compensation for carpal tunnel syndrome; 2) both claimants were represented by the same law firm (but different attorneys); 3) both employers were represented by the same law firm (but different attorneys); and 4) both employers' medical experts were partners in the same medical practice.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• BERGER, Justice:, Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• John J. Klusman, Esquire and Susan List Hauske, Esquire of Tybout Redfearn & Pell, Wilmington, DE, for Appellant.


• For Appellees:
  
• Timothy E. Lengkeek, Esquire, of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for Appellee.