Supreme Court of Delaware

United Parcel Service v. Hawkins

February 19, 2024

Summary

The Court affirmed the Superior Court’s judgment upholding the Industrial Accident Board’s refusal to dismiss Hawkins’s third petition for additional workers’ compensation. It held that the Superior Court Civil Rules, including the rule making a second voluntary dismissal with prejudice, do not govern IAB proceedings, and that the parties’ settlement did not actually litigate or clearly resolve whether Hawkins’s disability had recurred. The Court therefore rejected both res judicata and collateral-estoppel arguments.