Supreme Court of Delaware

Eugene Watson, Claimant Below, Appellant v. Wal-Mart Associates, a Delaware Corporation, Employer Below, Appellee

October 21, 20112011 Del. LEXIS 569

Summary

The Court held that Watson proved he was a displaced worker because he made a reasonable job search and was unsuccessful because of his work-related disability. The Court further held that Wal-Mart's labor-market survey did not establish that suitable jobs were actually available or that employers would hire someone with Watson's limitations. It reversed the Superior Court and the Industrial Accident Board and remanded for further action.