Legal Opinion

State v. Calhoun

Supreme Court of Delaware

Decided December 14, 1993PublishedCited by 5 opinions

1Opinion of the Court

WALSH, Justice:

In this interlocutory appeal, we review a Superior Court decision which determined that a State of Delaware employee’s workers’ compensation benefits could not be offset by disability benefits received under the State Pension Plan. We conclude that the two benefit plans serve separate purposes and, as a matter of legislative intent, retirement disability benefits may not be credited against an award of workers’ compensation benefits. Accordingly, we affirm.

I

The underlying facts are undisputed. In December, 1984, the appellee, Theodore Calhoun (“Calhoun”), was injured in a motor…

2Cases cited10 opinions

  1. Children's Bureau v. NissenSuperior Court of Delaware · 1942
  2. In Re State Employees' Pension PlanSupreme Court of Delaware · 1976
  3. Miller v. City of WilmingtonCourt of Chancery of Delaware · 1971
  4. City of Wilmington v. MillerSupreme Court of Delaware · 1972
  5. Harris v. New Castle CountySupreme Court of Delaware · 1986

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Duphily v. Delaware Electric Cooperative, Inc.Supreme Court of Delaware · 1995
  2. Kelley v. Perdue FarmsSuperior Court of Delaware · 2015
  3. Gillen v. State Farm Mutual Automobile Insurance Co.Appellate Court of Illinois · 2004
  4. Bell Atlantic-Delaware, Inc. v. SaporitoSupreme Court of Delaware · 2005
  5. Blair, Jr. v. Smyrna School DistrictSuperior Court of Delaware · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API