Supreme Court of Delaware
Stephen Arrants, Below v. the Home Depot, Employer Below
May 7, 20132013 Del. LEXIS 229
Summary
The Court affirmed the Superior Court’s judgment upholding the Board’s termination of Arrants’ total disability benefits. It held that unchanged subjective pain reports did not preclude a finding that Arrants’ condition and circumstances had changed, because the Board found him medically capable of sedentary work and identified available employment within his restrictions. The Court also held that the Board’s unsupported reference to Arrants’ acclimation to his condition was harmless because other substantial evidence supported the decision.