Coen v. Ambrose-Augusterfer Corp.

HERRMANN, Chief Justice:

In this appeal, Michael Coen (“Coen”) seeks reversal of the Superior Court’s af-firmance of a decision of the Delaware Industrial Accident Board (“Board”) holding (1) that pursuant to a set-off provision of the Delaware Workmen’s Compensation Statute, Coen is not entitled to recover further benefits from the appellee Ambrose-Augusterfer Corp. (“Ambrose”); and (2) that, therefore, Coen is not entitled to an award of attorney’s fees.

I

The facts are not in dispute. In 1966, Coen fractured his left wrist in a compensa-ble industrial accident while working for I.D. Griffith…