Supreme Court of Delaware

Johnson v. Delhaize American, LLC

May 5, 2016

Summary

The Court affirmed dismissal of Johnson’s appeal from an Industrial Accident Board order because she filed her notice of appeal nearly one year after the order was mailed. Delaware law requires an appeal from an IAB decision to be filed within thirty days, and that deadline is mandatory and jurisdictional. Johnson’s explanations concerning a transcript sent to New York and differing file numbers did not excuse the late filing.