Taylor v. Diamond State Port Corp.
Supreme Court of Delaware
1Opinion of the Court
STEELE, Chief Justice:
Shirley Taylor sustained injuries while working for Diamond State Port Corporation. The Industrial Accident Board and the Superior Court determined that the workers’ compensation wages she should receive should be based upon an average weekly wage computed according to 19 Del. C. § 2302(b). Because the General Assembly intended that she be compensated for lost earning capacity, her average weekly wage rate should be based on work actually performed and computed according to 19 Del. C. § 2302(b)(1), we reverse.
I. FACTS AND PROCEDURAL HISTORY
On August 2, 2007, Shirley…
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