Whitney v. Bearing Construction


Oral Argument
04/23/14 – 04/23/14


This is an appeal of an Industrial Accident Board's decision dated December 27, 2012 in the case of Joseph Whitney v. Bearing Construction, Inc., IAB Hearing No. 1289541. The Board’s decision followed a hearing on Mr. Whitney's petition for temporary partial disability benefits and payment of certain medical expenses. Following the hearing, the Board issued an order granting Mr. Whitney’s petition and awarding the requested medical expenses, temporary partial disability lost wage benefits and medical witness fees and an attorneys’ fee. Bearing Construction appealed the Board’s decision to the Superior Court of the State of Delaware, in and for Sussex County. Following briefing, the Superior Court issued its decision dated September 20, 2013 reversing the Board’s award of benefits.


The judgment of the Superior Court was reversed and the matter was remanded with instruction to reinstate the decision of the Industrial Accident Board.


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