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COOK v. A.H. DAVIS & SON, INC.

567 A.2d 29 (1989)

James P. COOK, III, Employee-Below, Appellant, v. A.H. DAVIS & SON, INC., Employer-Below, Appellee, and Joyce L. Wright and William E. Matthews, acting as the Industrial Accident Board of the State of Delaware.

Superior Court of Delaware, New Castle County.

Decided: October 5, 1989.

Attorney(s) appearing for the Case

Joseph W. Weik, of Czajkowski, Weik & Knepper, Wilmington, for Employee-Below, Appellant.

J.R. Julian, of J.R. Julian, P.A., Wilmington, for Employer-Below, Appellee.

BALICK, Judge.

This is an appeal by James Cook from a finding of the Industrial Accident Board that his injuries did not arise out of and in the course of his employment.

Mr. Cook worked on a crew that put siding on new houses. He was hired and supervised by the crew chief, Milton Jarmon. Pay was based on the amount of work done and the hours of work were not fixed. On the date of his injury, August 24, 1987, Mr. Cook and another crew member, David Jarmon...

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