The Delaware Superior Court upheld the termination of a worker’s total disability benefits after he recovered from his work injury enough to become employable and then was involved in a non-work-related accident before a hearing could be held on the employer’s termination petition.
Case: Hooten v. Blue Hen Disposal, No. K22A-05-001, 02/01/2023, published.
Facts and procedural history: Alvin Hooten worked for Blue Hen Disposal. He suffered a neck injury in December 2020 while driving a trash truck. Shortly thereafter, Hooten had surgery to address his fractured C4 and C5 vert...
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