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Election of Remedies Doctrine Barred Worker's Claim

Wednesday, July 29, 2015 | 0

A Delaware Superior Court judge ruled that an injured worker who failed to secure an award of comp benefits from his uninsured employer was barred by the election of remedies doctrine from attempting to recover from his employer in tort. Case: Maravilla-Diego v. MBM Construction II, No. N14C-03-135 PRW, 07/21/2015, published. Facts: Jaime Maravilla-Diego worked for Saez & Sons. He fell 40 feet from a bucket lift while he was at work installing siding on an apartment building in March 2012. Procedural History: Maravilla-Diego filed a Petition to Determine Compensation Due with the I...

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