Supreme Court of Delaware

Gary Andreason, Employee Below v. Royal Pest Control, Employer Below

August 14, 20132013 Del. LEXIS 398

Summary

The Court affirmed the Superior Court’s judgment upholding the Board’s determination that payments for the employee’s lower-back treatment were made by mistake and did not create an implied agreement to compensate that injury. It held that the common-law “feeling of compulsion” doctrine survived the elimination of the statutory three-day waiting period and was not abrogated by title 19, section 2322(h). The Court also held that the unilateral-mistake argument concerned contract formation, not reformation, and did not establish compensability.