DE Sup Court: 5 Year Statute for Civil Action to Collect

The Delaware Supreme Court last week ruled that Huffman claims (civil actions to enforce the payment of a workers' compensation award) are governed by the five year statute of limitations found in the Workers' Compensation Act, Del. Code tit. 19, section 2361. In Nat'l Union Fire Ins. Co. v. McDougall (06/06/05 - No. 116, 2004), McDougall began receiving workers' compensation disability payments in November 1991 for a work-related injury. Those payments were made pursuant to an agreement between McDougall and his employer, Air Products & Chemicals, Inc. ("Air Products"). Those payments ...