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Judge Overturns Board Decision as Lacking Evidentiary Support, Adequate Reasoning

Friday, March 6, 2026 | 0

The Delaware Superior Court overturned an administrative finding that an injured forklift driver was not a displaced worker. Case: Smith v. Allen Foods, No. S25A-08-002 CAK, 02/11/2026 unpublished. Facts: Leon Smith worked for Allen Foods as a forklift driver. He suffered injuries at work in October 2024 in an accident. Smith’s doctor kept him off work until April 2025. At that point, the doctor released him to part-time sedentary work. Procedural history: Allen filed a petition to terminate Smith’s total disability benefits after he was cleared for part-time work. The Industr...

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