Legal Opinion

M & M, INC. v. Wade

Superior Court of Delaware

Decided August 29, 1972PublishedCited by 5 opinions

1Opinion of the Court

OPINION

O’HARA, Judge.

At issue in this case is the relationship between Rule 2 of the Industrial Accident Board and 19 Del.C. § 2127(a). More specifically, does Rule 2 conflict with the statutory provision, and if so, how is this conflict to be resolved ?

Rule 2 of the Industrial Accident Board reads as follows:

If a hearing is had before the Industrial Board and an award is made in favor of the injured employee the maximum amount of the statutory attorney’s fee will be allowed to the employee and taxed against the employer or his carrier except when the offer of settlement made by the employer…

2Cases cited2 opinions

  1. Stuyvesant Town Corp. v. ImpellitteriNew York Supreme Court · 1952
  2. Stuyvesant Town Corp. v. ImpellitteriNew York Court of Appeals · 1954

3Cited by5 opinions

  1. Mosley v. Bank of DelawareSupreme Court of Delaware · 1977
  2. General Motors Corp. v. BurgessSupreme Court of Delaware · 1988
  3. Ellison v. City of WilmingtonSuperior Court of Delaware · 1972
  4. Huff v. Industrial Accident BoardSuperior Court of Delaware · 1981
  5. Slater v. ColeSuperior Court of Delaware · 1988

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