Justia Injury Law Opinion Summaries

Sally Jackson appealed from a Superior Court order affirming the judgment of the Industrial Accident Board (IAB) denying her claim for total disability compensation. She claimed that both the IAB and the Superior Court erroneously denied her claim because her retirement did not bar her ability to receive workers' compensation benefits. The court held that the record contained sufficient evidence to support the IAB's decision to deny her total disability benefits where Jackson voluntarily retired for a reason other than her work-related knee injury, had removed herself from the job market without seeking reemployment or contemplating seeking it, and was enjoying her retirement lifestyle with her husband. Accordingly, the court affirmed the Superior Court's order.

Plaintiff sued defendant for injuries she suffered when she slipped and fell on an icy parking lot on defendant's premises. At issue was whether the superior court erred in granting summary judgment for defendant where immunity, pursuant to Title 14, section 1056(h) of the Delaware Code, did not apply to negligence for failing to inspect the premises and failing to warn of known and existing dangers. Also at issue was whether the superior court erred in granting summary judgment for defendant where defendant waived, or should be estopped from asserting, section 1056(h) immunity. The court held that section 1056(h) provided defendant with immunity where there was no legal distinction between the failure to maintain a reasonably safe parking lot free of ice and snow and the failure to warn of a slippery parking lot. The court also held that defendant did not waive, and was not estopped from asserting, that immunity where the record did not reflect that plaintiff was aware of any insurance coverage, the record did not show that plaintiff relied on the conduct of defendant, or that plaintiff changed her position as a result of her reliance. Therefore, the judgment of the superior court was affirmed.