DEL Sup Crt: Board Power to Say Total Disability

In a case of first impression, the Delaware Supreme Court ruled that an employer was entitled to reimbursement from the workers' compensation fund for benefits paid to a previously injured employee whose subsequent injury rendered him a displaced worker. In Workers' Compensation Fund v. Transport Services, Inc., DeFAX Case No. D61021 [Del. Supr. Dec. 12, 2002], an employee suffered job-related injuries in 1973 and 1985 while working for Transport Services Inc. The employee was able to work with restrictions after these injuries. In 1992, he was involved in an accident that aggravated the bac...