Liberty Mutual v. Silva-Garcia


Oral Argument
04/30/14 – 04/30/14


This is an appeal of an insurance coverage decision rendered by the Industrial Accident Board. On February 22, 2010, Jesus Silva-Garcia filed a Petition to Determine Compensation Due with the IAB alleging he suffered a compensable work injury on January 15, 2010, while working for City Window Cleaning of Delaware, Inc. Based on its position that the IAB did not have jurisdiction to hear insurance coverage actions, on October 8, 2010, Liberty Mutual filed a Complaint for Declaratory Judgment in Superior Court, seeking a determination that there was no coverage at the time of the January 15, 2010 accident. On August 31, 2011, the IAB issued its Decision on Insurance Coverage, determining that coverage did exist as of January 15, 2010. The IAB also ordered Liberty to reimburse CW amounts CW had been paying Claimant.


The judgment of the Superior Court was affirmed.


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