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Armstead v. Delaware Claims Processing Facility

Armstead v. Delaware Claims Processing Facility, IAB No. 1383199 (Order) (Dec. 5, 2012)

Slip and Fall in landlord's valet parking driveway is part of a tenant employer's premises for compensation purposes.

Claimant was injured while walking across a semi-circular parking apron (driveway) adjacent to a public street. Claimant slipped and fell on the asphalt of the driveway on her way into work. The driveway was owned and maintained by the owner of the building, the Employer was a tenant in that building.

Blake v. State of Delaware

Blake v. State of Delaware, Del. Supr., No. 477, 2001, Veasy, C.J., (Mar. 12, 2002)

The Court held that a doctor's testimony that he was satisfied to a reasonable degree of medical certainty that a work accident accelerated the claimant's injury and his need for surgery, was sufficient evidence for the Board to infer that the accident proximately caused the surgery. The proper standard, correctly applied by the Board, is whether the surgery would have been required at that time but for the accident.

Meloni v. General Motors Corp.

Meloni v. General Motors Corp., IAB Hearing No. 1243136 IAB Hearing No. 1243684 (June 25, 2004)

This case includes a comprehensive discussion of the standard of causation for cumulative detrimental effect injuries. The Claimant must prove that the ordinary "stress and strain" of employment formed the substantial cause of his workers' compensation claim. That ordinary "stress and strain" must exist as a direct cause to the basis of the claim without which the injuries would not have occurred.


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