Legal Opinion

Taylor v. Diamond State Port Corp.

Supreme Court of Delaware

Decided February 16, 2011No. 287, 2010PublishedCited by 59 opinions

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…

2Cases cited5 opinions

  1. Oceanport Industries, Inc. v. Wilmington Stevedores, Inc.Supreme Court of Delaware · 1994
  2. Delaware Bay Surgical Services, P.A. v. SwierSupreme Court of Delaware · 2006
  3. Dewey Beach Enterprises, Inc. v. Board of Adjustment of Dewey BeachSupreme Court of Delaware · 2010
  4. State Farm Mutual Automobile Insurance v. PattersonSupreme Court of Delaware · 2010
  5. Howell v. Supermarkets General CorporationSupreme Court of Delaware · 1975

3Cited by59 opinions

  1. PHL Variable Insurance v. Price Dawe 2006 Insurance Trust Ex Rel. Christiana Bank & Trust Co.Supreme Court of Delaware · 2011
  2. CML V, LLC v. BaxSupreme Court of Delaware · 2011
  3. Sussex County Department of Elections v. Sussex County Republican CommitteeSupreme Court of Delaware · 2013
  4. Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLPCourt of Chancery of Delaware · 2013
  5. Bon Ayre Land, LLC v. Bon Ayre Community AssociationSupreme Court of Delaware · 2016

54 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API