Mitchell v. E. I. duPont deNemours & Co.

This appeal arises from a claim by an employee for benefits under a non-occupational Disability Wage Plan. The Superi- or Court ruled that the claim was barred by 10 Del.C. § 8110, * a one-year Statute of Limitations barring claims arising out of “work, labor or personal services performed.” The employee appeals.

The Disability Wage Plan provided for full wages during disability resulting from non-occupational illness or injury for a maximum period of six months. The only eligibility requirement for participation in the Plan was “at least one year of continuous service” with the employer. The…