State News : Delaware

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.




  • Live hearings have resumed at the Industrial Accident Board effective July 12! Employers/carriers may observe a corresponding increase in disfigurement hearings and Petitions given disfigurement hearings have not been conducted since before the pandemic began.

  • Even before July 12, in person hearings did take place on a limited basis, upon request of the parties. Nick Bittner, partner, handled a live in-person Hearing at the Board on 4/12/21, only the second live, in person, Hearing held since the pandemic. Torres v. Star Building Services, Inc. This Hearing was requested to be conducted in person, primarily due to the need for a translator and complexity of issues presented. The Board found in Employer’s favor on both of claimant’s Petitions. Great job Nick!

  • The Department of Labor/Industrial Accident Board building in Wilmington is set to be renovated prior to formally reopening to the public, at a date to be announced.

  • Carrier beware (when calculating AWW)! In the recent matter of Garcia-Espinoza v. American Bread Co., the Board denied awarding any more than a 25% credit for an overpayment of total disability based upon an incorrectly calculated average weekly wage, noting that the carrier missed two opportunities to see that the pay stubs were for bi-weekly rather than weekly compensation. In reaching this decision, the Board looked to the relative sophistication of the carrier over that of the claimant.

  • Board denies multiple myeloma cancer compensability after Hearing: Greg Skolnik successfully defended, through to Hearing, allegations that a claimant’s decades long service as a firefighter, where he was indisputably exposed to a variety of carcinogens, caused multiple myeloma, a bone and blood type cancer. The Board noted that even claimant’s medical expert agreed that the medical science had not been able to identify any specific etiology or carcinogen causative of multiple myeloma, and claimant carried the three most commonly known risk factors for this condition – age, race, and gender.

  • New trend: Carpal tunnel no longer “slam dunk” for the “repetitive use” injured worker? Recent case law has suggested that the Board is applying closer scrutiny and more often rejecting carpal tunnel and other repetitive use type claims. These claims should therefore, be very thoroughly investigated, and our office contacted with any questions prior to making compensability determinations.