Horizon Services, Inc. v. John Henry

Summary

The Court held that Delaware's workers' compensation statute permits an employer or its workers' compensation insurer to assert a subrogation lien against an employee's recovery under an employer-purchased underinsured-motorist policy, except for expenses excluded from evidence under the personal-injury-protection statute. The Court overruled its contrary precedent because that precedent misconstrued the limited scope of a statutory amendment. The Court reversed judgment on the pleadings and remanded for the Superior Court to determine, on a developed record, whether the insurance policy independently bars recovery subject to a lien.