Supreme Court of Delaware
Haggerty v. Board of Pension Trustees of State of Delaware
January 16, 2018
Summary
The Court affirmed the Superior Court’s judgment upholding the Pension Board’s denial of Haggerty’s request for a total disability pension. It held that the Superior Court’s prior ruling—that the Board could not consider evidence of a worsening condition after the original disability determination—was law of the case and was supported by the statutory omission of any mechanism for increasing pension benefits on that basis. The Court also concluded that the Board’s decision was supported by substantial evidence and was free from legal error.