Spence v. University of Delaware

DUFFY, Justice:

The sole question on this appeal is whether the Industrial Accident Board Second Injury and Contingency Fund (Fund) is obliged to reimburse certain insurance carriers for payments they have made to employees under the Workmen’s Compensation Act.

I

These consolidated cases involve claims by two employees (plaintiffs), each of whom sustained successive permanent injuries. Each claimant was totally disabled (by the second such injury) as that term is defined in 19 Del.C. § 2324. 1 Since payments were made to each claimant, the only issue involves ultimate responsibility for them.…