CLEMENTS v. DIAMOND STATE PORT CORP.

No. 51,2003.

831 A.2d 870 (2003)

David CLEMENTS, Appellant Below, Appellant, v. DIAMOND STATE PORT CORP., Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: August 14, 2003.

Reargument Denied September 23, 2003.


Attorney(s) appearing for the Case

Glenn C. Ward, of Ramunno, Ramunno & Scerba, P.A., Wilmington, DE, for Appellant.

Francis X.D. Nardo and Susan A. List, of Tybout, Redfearn & Pell, Wilmington, DE, for Appellee.

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


HOLLAND, Justice:

This is an appeal from a judgment of the Superior Court. That judgment affirmed a decision of the Industrial Accident Board (the "Board"). The Board terminated the total disability benefits of David Clements (the "Claimant") retroactive to the date that Diamond State Port Corporation (the "Employer") filed a Petition to Terminate Benefits. Nevertheless, the Board did award the Claimant partial disability...

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