Keeler v. Metal Masters Foodservice Equipment Co.

In this appeal from the Superior Court, we are asked to determine whether the displaced worker doctrine, as it has evolved under Delaware decisional law, is compatible with the strictures of State and federal legislation protecting the handicapped and disabled. Because we conclude that the Appellant-Claimant failed to present substantial evidence to the Industrial Accident Board (the “Board”) to support a good faith job search, we do not reach the constitutional issues posed and we affirm the decision of the Superior Court.

I

The Appellant-Claimant, John Keeler (“Keeler”), sustained lower back…