Supreme Court of Delaware

Washington v. Delaware Transit Corp

March 2, 2020

Summary

The Supreme Court of Delaware held that the Industrial Accident Board improperly dismissed Washington’s permanent-impairment petition based solely on medical testimony presented in an earlier temporary-total-disability proceeding. Temporary total disability and permanent impairment involve distinct inquiries, and the Board dismissed the later petition without considering any permanent-impairment evidence. The Court therefore reversed and remanded for further proceedings.