State of Delaware, Employer Below, Appellant v. Nicholas Gates, Claimant Below, Appellee.

Summary

The Court affirmed the judgment upholding workers’ compensation benefits for Nicholas Gates after he was injured while driving to a DelDOT yard in response to an after-hours call-back. It held that the terms of Gates’s employment arrangement, including the parties’ established course of conduct, showed that his employment began when he received the call-back, and that the Board’s factual findings were supported by substantial evidence. Because the contract evidence resolved the issue, the Court did not apply the going-and-coming rule or its exceptions.