Legal Opinion

Comegys v. Generations Home Care

Superior Court of Delaware

Decided April 29, 2005No. C.A. No. 03A-11-002 (JTV)Published

1Opinion of the Court

OPINION

VAUGHN, President Judge.

Clara Comegys (“the claimant”) has filed this appeal from a decision of the Industrial Accident Board (“the Board”). In its decision, the Board determined that the claimant’s weekly wages, calculated pursuant to 19 Del. C. § 2302, were $431.13. Her workers’ compensation award was based upon that calculation. One of the steps in calculating a claimant’s weekly wages is to determine the employer’s average work week. In this case, the Board calculated an average work week for the employer by averaging the claimant’s work weeks for the period from December 27, 2002…

2Cases cited5 opinions

  1. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  2. Johnson v. Chrysler CorporationSupreme Court of Delaware · 1965
  3. Olney v. CoochSupreme Court of Delaware · 1981
  4. Histed v. E.I. Du Pont De Nemours & Co.Supreme Court of Delaware · 1993
  5. Furrowh v. Abacus Corp.Supreme Court of Delaware · 1989

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