1 disability benefits.2 Although the Board found that Claimant remained eligible for partial disability, the Board found that Claimant was able to return to work in a sedentary or light-duty capacity.3 Shortly after the 2003 Board Decision, Claimant and Employer entered into a modified agreement for partial disability benefits, effective J(“Compensation Agreement”). By Order dated June 18, 2003, the Board granted Employer’s Petition to Terminate in part (“2003 Board Decision”).1 The Board determined that Claimant’s work injury no longer entitled Claimant to total 1 Hamilton v. On June 9, 2003, the Board conducted a hearing on the merits of Employer’s Petition to Terminate. On February 5, 2003, Employer filed a Petition to Terminate Claimant’s disability benefits. Claimant was placed on total disability and began receiving workers’ compensation benefits. By agreement dated November 21, 2002, effective November 8, 2002, Employer accepted Claimant’s injury as work-related and compensable. Prior to the injury, Claimant did not suffer from back problems. Claimant sustained the injury while attempting to empty a trashcan into a dump truck.
Claimant’s Work Accident the 2003 Board Decision On November 7, 2002, Claimant sustained a back injury while working as a laborer for Independent Disposal Service (“Employer”), a trash collection service. ClaimantAppellant David Hamilton (“Claimant”) appeals from the JanuBoard Decision denying Claimant’s Petition to Determine Additional Compensation and the Board Decision denying Claimant’s Motion for Reargument. FACTUAL AND PROCEDURAL BACKGROUND This is an appeal from the Industrial Accident Board (“Board”). Joseph Andrews, Esq., Hoffman Andrews Law Group, Dover, Delaware, Attorney for Employer-Appellee. Dunkle, Esq., Schmittinger & Rodriguez, P.A., Dover, Delaware, Attorney for Claimant-Appellant. N16A-06-006 ALR MEMORANDUM OPINION Upon Employer’s Motion to Strike DENIED On Appeal from the Industrial Accident Board AFFIRMED Submitted: DecemDecided: FebruKyle F. INDEPENDENT DISPOSAL SERVICE, Employer-Appellee. IN THE SUPERIOR COURT OF THE STATE OF DELAWARE DAVID HAMILTON, Claimant-Appellant, v.
0 kommentar(er)
