Supreme Court of Delaware

In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

Appellate Information

• Decided 04/29/2008
• Published 04/29/2008

Judges

• RIDGELY, Justice:, Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• David A. Boswell, Esquire, of Schmittinger & Rodriguez, P.A., Rehoboth Beach, DE, for appellant.


• For Appellees:
  
• Jessica L. Julian, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, for appellees.