Workers' Compensation Fund v. Transport Services, Inc.

WALSH, Justice:

In this appeal from the Superior Court, we address a question of first impression— whether an employer may secure reimbursement from the Worker’s Compensation Fund (the “Fund”), established pursuant to 19 Del. C. § 2327, for payments to a previously injured employee who sustains a subsequent injury rendering him a displaced worker. The Superior Court ruled that such benefits were reimbursable. We agree that the statute establishing the “second injury fund,” when given a construction consonant with its intended purpose, permits payment to a subsequently injured displaced worker.…