State v. Lillard

BABIARZ, Judge.

These declaratory judgment actions have been consolidated for decision on cross motion for summary judgment. Each involves the question of the right of State employees to continue to receive supplemental compensation payments pursuant to 29 Del. C. § 5933.

The facts are easily told and not disputed. Defendants Lillard and McKinnon were both employed by the Department of Health and Social Services of the plaintiff State of Delaware. In March and June of 1975, respectively, defendants Lillard and McKinnon suffered compensable industrial accidents under the Delaware Workmen’s…