Jose Campos, Appellant-Below, Appellant v. Daisy Construction Company, Appellee-Below, Appellee

Summary

The Supreme Court of Delaware reversed the denial of Jose Campos’s partial disability benefits. It held that an employer seeking to avoid partial disability payments must prove that suitable work is actually available to the injured employee at the pre-injury wage, and a conditional offer that the employer legally cannot extend to an undocumented worker is not sufficient. The court remanded for a new hearing at which Daisy could attempt to prove actual job availability or later show that Campos had been re-employed.