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M & M, INC. v. WADE

297 A.2d 403 (1972)

M & M, INC., Employer-Appellant, v. Norma Jean WADE, Claimant-Appellee.

Superior Court of Delaware, New Castle.

August 29, 1972.

Attorney(s) appearing for the Case

Howard M. Berg, Berg, Taylor & Komissaroff, Wilmington, for employer-appellant.

Richard I. G. Jones, Prickett, Ward, Burt & Sanders, Wilmington, for claimant-appellee.

OPINION

O'HARA, Judge.

At issue in this case is the relationship between Rule 2 of the Industrial Accident Board and 19 Del.C. § 2127(a). More specifically, does Rule 2 conflict with the statutory provision, and if so, how is this conflict to be resolved?

Rule 2 of the Industrial Accident Board reads as follows:

If a hearing is had before the Industrial Board and an award is made in favor of the injured employee the maximum amount of...

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