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SMITH v. FERALLOY CORP.

460 A.2d 516 (1983)

Samuel D. SMITH, Claimant-Appellant, Below-Appellant, v. FERALLOY CORPORATION, Employer-Appellee, Below-Appellee.

Supreme Court of Delaware.

Decided: April 19, 1983.

Attorney(s) appearing for the Case

Michael Weiss (argued) of Kimmel & Spiller, P.A., Wilmington, for claimant-appellant, below-appellant.

Robert W. Ralston (argued) of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for employer-appellee, below-appellee.

Before HERRMANN, C.J., McNEILLY and MOORE, JJ.

McNEILLY, Justice:

In this Workman's Compensation case, the claimant appeals from an order of the Superior Court upholding a denial of compensation by the Industrial Accident Board (Board). The principal issue is whether 19 Del.C. § 2321 requires a claimant to be incapacitated for three days before he can recover Workman's Compensation.

I

On April 30, 1973 Samuel Smith (claimant) began working...

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