DE Ct: No Waiver for Mischaracterization

The Delaware Supreme Court held that an erroneous characterization of payments does not result in an employer's waiver of a lien. In Bell Atlantic-Delaware, Inc. v. Saporito, No. 329,2004, 05/17/2005, Domenic Saporito, a Verizon-Delaware Inc. (Verizon) employee, was injured when the work-van he was driving collided with a Lankford-Sysco Food Services Inc. (Lankford) vehicle. Verizon paid Saporito workers' compensation and personal injury protection (PIP) benefits. Saporito filed a claim against Lankford in superior court. Verizon joined this lawsuit to protect its compensation lien, an...