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CATALYTIC CONSTRUCTION CO. v. BALMA

317 A.2d 872 (1974)

CATALYTIC CONSTRUCTION CO., Employer-Appellant, v. Pete BALMA, Claimant-Appellee.

Supreme Court of Delaware.

March 21, 1974.

Attorney(s) appearing for the Case

Robert W. Ralston, of Prickett, Ward, Burt & Sanders, Wilmington, for employer-appellant.

Stanley T. Czajkowski, of Czajkowski & Maguire, Wilmington, for claimant-appellee.

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

CAREY, Justice:

This is a workmen's compensation case in which Catalytic Construction Co. (hereinafter "Employer") has appealed a Superior Court decision affirming a ruling of the Industrial Accident Board (hereinafter "the Board"). The issue before us is whether the appellee's claim is barred by 19 Del.C. § 2361(b), which provides:

"(b) Where payments of compensation have been made in any case under an agreement...

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