Legal Opinion · Dissent

Brown v. State

Supreme Court of Delaware

Decided May 3, 2006No. 521,2005Published

1DissentBerger, Justice

The majority denies benefits to an injured claimant, holding that the statutorily required notice of the applicable statute of limitations is adequate as a matter of law. It does so notwithstanding the fact that: 1) the “notice” was provided on a form titled “Receipt for Compensation Paid” (which was not even given to Brown for future reference); 2) the “notice” was buried in a paragraph below both the signature line and all of the information relevant to the stated purpose of the document; and 3) the “notice” does not state that the right to additional benefits is barred after five years; it…

2Cases cited1 opinion

  1. Johnson Controls, Inc. v. FieldsSupreme Court of Delaware · 2000

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