Ruddy v. I.D. Griffith & Co.

HERRMANN, Justice:

In this workmen’s compensation case, we are required to determine the meaning of “earning power”, as that term is used in 19 Del.C. § 2325,1 and, in the ascertainment thereof, the consequence of an employee’s post-injury return to the same employment for the same compensation.

I

These pertinent facts are uncontrovert-ed: The employee, Bernard J. Ruddy, was a welder in sheet metal work in the employ of I. D. Griffith & Co. (hereinafter “Griffith”). On June 11, 1965, Ruddy fainted while at work at the plant. The attack came upon him as he worked from a ladder, in extraordinary…