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Delaware High Court Says Sinkhole Injuries Were Not Compensable

The Workcomp Writer

The Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [ Browning v. The Superior Court upheld the Board’s decision and the employee appealed. Supreme Court’s Decision. LEXIS 8 (Jan.

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Court of Chancery Holds That Corporate Officers Owe Duty of Oversight in Sexual Harassment and Misconduct Case

McDermott Will & Emery Employee Benefits

On January 25, 2023, the Delaware Court of Chancery held, for the first time, that the rationale for a duty of oversight (Caremark duty) owed by directors of Delaware corporations applies equally, if not to a greater degree, to officers. In re McDonald’s Corp. Stockholder Derivative Litigation, C.A. 2021-0324-JTL (Del.

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Arrowood Indemnity Company In Liquidation

Workers' Compensation

On November 8, 2023, Arrowood Indemnity Company, a Delaware domestic property and casualty insurance company (“Arrowood”) was ordered liquidated by the Court of Chancery of the State of Delaware (the “Court”).

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How Much is Too Much? Elon Musk’s Proposed Pay Package Denied by Delaware Judge

HR Digest

A judge in Delaware just voided Elon Musk’s pay package and for good reason too. Never incorporate your company in the state of Delaware.” Musk left bristling after the same Delaware judge foils his plans yet again. Elon Musk’s Proposed Pay Package Denied by Delaware Judge appeared first on The HR Digest.

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Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident

The Workcomp Writer

The Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for review as well as the IAB’s findings g that the claimant’s ongoing narcotic pain medications were no longer compensable [ Sheppard v.

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Issue Commentary: Compensability of Injuries Sustained as a Result of Inoculations

The Workcomp Writer

Citing a 1928 decision by the state’s Supreme Court, the appellate court held that since the flu shot was not mandated by the employer, the fact that the inoculation was received at the employer’s facility, while the manager was on the clock, did not mean the injury was work-related. Walgreen Co. 2016-Ohio-8304, 2016 Ohio App.

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Delaware Nurse on COVID-19 Floor Loses Her Comp Claim

The Workcomp Writer

The appellate court noted that there was a deep disagreement between the medical opinions offered by the parties. The issue was not whether the nurse could have contracted COVID-19 at work, but rather did she so contract it there, stressed the court. Read as a whole, the court stressed that the Board weighed Ms. LEXIS 4 (Jan.

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