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EASTBURN v. NEWARK SCHOOL DISTRICT

324 A.2d 775 (1974)

Samuel E. EASTBURN, Jr., Appellee Below, Appellant, v. NEWARK SCHOOL DISTRICT, Appellant Below, Appellee. George L. McFARLANE, Appellee Below, Appellant, v. PHOENIX STEEL CORPORATION, Appellant Below, Appellee.

Supreme Court of Delaware.

July 12, 1974.

Attorney(s) appearing for the Case

Oliver V. Suddard, Wilmington, for appellees below, appellants.

Julius Komissaroff, of Berg, Komissaroff & Sawyer, Wilmington, for appellants below, appellees.

Before HERRMANN, Chief Justice, DUFFY, Associate Justice, and BROWN, Vice Chancellor.

HERRMANN, Chief Justice:

In this workmen's compensation case, the Industrial Accident Board denied the Employers' application for examination of the Employee-Claimants by a Philadelphia physician. Upon appeal by the Employers, the Superior Court reversed, obviously relying upon the scope-of-review rule set forth in Ortiz v. Gioia Specialty Foods, Del.Super., 295 A.2d 589 (1972). The Employees now bring this appeal.

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