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WORKERS' COMP. FUND v. TRANSPORT SERVICES

No. 202, 2002.

812 A.2d 877 (2002)

WORKERS' COMPENSATION FUND, Appellant Below, Appellant, v. TRANSPORT SERVICES, INC., Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: December 12, 2002.

Attorney(s) appearing for the Case

James J. Hanley, Deputy Attorney General, Department of Justice, Wilmington, for Appellant.

H. Garrett Baker, Elzufon, Austin, Reardon, Tarlov & Mondell, Wilmington, for Appellee.

Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.

WALSH, Justice:

In this appeal from the Superior Court, we address a question of first impression — whether an employer may secure reimbursement from the Worker's Compensation Fund (the "Fund"), established pursuant to 19 Del. C. § 2327, for payments to a previously injured employee who sustains a subsequent injury rendering him a displaced worker. The Superior Court ruled that such benefits were reimbursable. We agree that the statute establishing...

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