Opinions Digested in Delaware Law Weekly for the Issue of
EMPLOYMENT Employment Contracts • Attorney Fees Clause • Termination for Cause Gary v. Beazer Homes USA, Inc. DeFAX Case No. D63293 (Del. Ch. June 11, 2008).
Defendant had no obligation to advance plaintiff his attorney fees because, under the subject employment agreement, defendant's termination of plaintiff for cause terminated the agreement and imposed on defendant only limited obligations to plaintiff, which did not include attorney fees. Motion for partial summary judgment denied.
CIVIL PRACTICE Summary Judgment • Loan • Issues of Material Fact Kroll, Inc. v. SalesOrbit Corp. DeFAX Case No. D63296 (Del. Super. June 25, 2008).
Plaintiff was not entitled to summary judgment in its favor in this dispute over repayment of a $200,000 loan made to defendant because there were unresolved issues of material fact. Motion for summary judgment denied.
WORKERS' COMPENSATION Notice to Employer • Occupational Disease • Lung Cancer • Causation • Asbestos Exposure Fawcett v. Verizon Delaware, Inc. DeFAX Case No. D63299 (IAB April 22, 2008).
In this decision on remand from the Superior Court, the Industrial Accident Board determined that claimant gave timely notice to employer of an alleged occupational disease and that claimant demonstrated that this occupational disease, i.e., lung cancer, was causally related to exposure to asbestos in the workplace. Decision on remand issued.
WORKERS' COMPENSATION Statute of Limitations • Carpal Tunnel Syndrome • Mild Symptoms • Triggering Date Chalas v. DaimlerChrysler DeFAX Case No. D63297 (IAB April 22, 2008).
Claimant's claim was not time-barred where her early symptoms of carpal tunnel syndrome were mild and where she promptly filed her claim after an event that would have put a reasonable person on notice of the compensable nature of her injury. Petition to determine compensation due granted.
WORKERS' COMPENSATION Causation • Back Injury •Total Disability Benefits • Medical Expenses Moore v. Joseph Rizzo & Sons, DeFAX Case No. D63298 (IAB April 24, 2008).
Claimant succeeded in proving that a compensable work accident occurred and that he was entitled to total disability benefits for a certain period, as well as payment of medical expenses for his back injury. Petition to determine compensation due granted.
WORKERS' COMPENSATION Disfigurement • Abdominal Scars • Appearance • Embarrassment Mason v. Career Assocs DeFAX Case No. D63294 (IAB April 21, 2008).
Given the appearance of the surgical scars on claimant's abdomen and given claimant's embarrassment about those scars, claimant was entitled to 15 weeks of disfigurement benefits. Petition for disfigurement benefits granted.
GOVERNMENT State and Local Government • Delaware Constitution, Art. II, Section 21 • Family Court Commissioner • Offenses Committed as Juvenile In re Request of the Governor for an Advisory Opinion DeFAX Case No. D63295 (Del. Supr. June 24, 2008 revised June 25, 2008).
Relying on social policy articulated by the General Assembly, the Supreme Court determined that the "infamous crime" provision in Article II, Section 21 of the Delaware Constitution did not bar a nominee for Delaware Family Court Commissioner from holding that office, even though he had committed offenses when he was 17 and was subjected to trial and conviction as an adult due to his arrest after he turned 18. Questions answered.
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