Legal Opinion

Hopkins v. Evans

Supreme Court of Delaware

Decided June 5, 1990Published

1Opinion of the Court

CHRISTIE, Chief Justice:

This is an appeal from a decision of the Superior Court which reversed a decision of the Industrial Accident Board (“the Board”). The Board found that the receipt of total disability benefits from the Second Injury and Contingency Fund (“the Contingency Fund”), subsequent to an employer’s petition to terminate benefits, does not toll the applicable limitation period pursuant to 19 Del. C. § 2361(b). In reversing the decision of the Board, the Superior Court held that benefits received by an employee from the Contingency Fund are considered compensation and therefore do…

2Cases cited5 opinions

  1. Huffman v. C. C. Oliphant & Son, Inc.Supreme Court of Delaware · 1981
  2. Starun v. All American Engineering Co.Supreme Court of Delaware · 1975
  3. Hamilton v. TrivitsSuperior Court of Delaware · 1975
  4. Berryman v. John F. Casey CompanySuperior Court of Delaware · 1969
  5. Catalytic Construction Co. v. BalmaSupreme Court of Delaware · 1974

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