ROOS FOODS v. GUARDADO

No. 160, 2016.

152 A.3d 114 (2016)

ROOS FOODS, Appellant Below-Appellant, v. Magdalena GUARDADO, Appellee Below-Appellee.

Supreme Court of Delaware.

Decided: November 29, 2016.


Attorney(s) appearing for the Case

Garrett Baker and Andrew J. Carmine (argued), Elzufon, Austin, Tarlov & Mondell, Wilmington, Delaware, for Appellant, Roos Foods.

Walt Schmittinger , Schmittinger and Rodriguez, Dover, Delaware, for Appellee, Magdalena Guardado.

Before STRINE, Chief Justice; HOLLAND and VAUGHN, Justices.


This appeal involves an undocumented worker who was injured in a work-related accident and is receiving total disability benefits. The employer petitioned the Industrial Accident Board ("the Board") to terminate those benefits on the ground that the worker is no longer disabled and can return to work. The Board found that the employer...

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