Smith v. Feralloy Corp.

McNEILLY, Justice:

In this Workman’s Compensation case, the claimant appeals from an order of the Superior Court upholding a denial of compensation by the Industrial Accident Board (Board). The principal issue is whether 19 Del.C. § 2321 requires a claimant to be incapacitated for three days before he can recover Workman’s Compensation.

I

On April 30, 1973 Samuel Smith (claimant) began working for Feralloy Corporation (employer). In October, 1977 claimant accepted a position in the corporation as a maintenance man working on large, noisy equipment in the employer’s steel fabricating plant. In…