Magness Construction Company v. Waller

CAREY, Justice:

These two appeals raise a single problem: Is a claimant who is entitled to compensation for total disability under T. 19 Del.C. § 2324, also entitled to receive compensation for a permanent injury under § 2326 at the same time ? This question was answered in the affirmative by the Industrial Accident Board, whose decision was affirmed in Superior Court. 260 A.2d 710. The two employers ask us to reverse that holding.

Both appellees, Clifton Waller and Charles Barker, received back injuries while working for their respective employers, Magness Construction Company and John H.…