DUVALL v. CHARLES CONNELL ROOFING


564 A.2d 1132 (1989)

William R. DUVALL, Jr., Employee Below, Appellant, v. CHARLES CONNELL ROOFING, Employer Below, Appellee.

Supreme Court of Delaware.

Decided: September 12, 1989.


Attorney(s) appearing for the Case

Sidney Balick of Sidney Balick & Associates, Wilmington, for appellant.

Timothy A. Casey of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court en Banc.


MOORE, Justice.

For over twenty-five years decisions of this Court have engrafted the "unusual exertion" rule upon our Workmen's Compensation Law. Thus, an employee with a "pre-existing physical weakness", whose employment aggravates that condition, is denied compensation unless it can be shown that the worker was engaged in some form of unusual exertion at the time of a job related injury.1 Today we reexamine this rule of law and abandon...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases