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MAGNESS CONSTRUCTION COMPANY v. WALLER

269 A.2d 554 (1970)

MAGNESS CONSTRUCTION COMPANY, Appellant, Appellant Below, v. Clifton WALLER, Appellee, Appellee Below. JOHN H. HAMPSHIRE COMPANY, Inc., Appellant, Appellant Below, v. Charles BARKER, Appellee, Appellee Below.

Supreme Court of Delaware.

September 17, 1970.

Attorney(s) appearing for the Case

Richard I. G. Jones, of Prickett, Ward, Burt & Sanders, Wilmington, for appellants.

John Biggs, III, of Biggs & Battaglia, Wilmington, for appellee Clifton Waller.

Courtney H. Cummings, Jr., of Killoran & Van Brunt, Wilmington, for appellee Charles Barker.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice:

These two appeals raise a single problem: Is a claimant who is entitled to compensation for total disability under T. 19 Del.C. § 2324, also entitled to receive compensation for a permanent injury under § 2326 at the same time? This question was answered in the affirmative by the Industrial Accident Board, whose decision was affirmed in Superior Court. 260 A.2d 710. The two employers ask us to reverse that...

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