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KEELER v. METAL MASTERS FOODSERV. EQUIP.

No. 11, 1998.

712 A.2d 1004 (1998)

John KEELER, Appellant/Claimant Below, Appellant, v. METAL MASTERS FOODSERVICE EQUIPMENT CO., INC., Appellee/Employer Below, Appellee.

Supreme Court of Delaware.

Decided: July 15, 1998.

Attorney(s) appearing for the Case

John J. Schmittinger and Walt F. Schmittinger (argued), Schmittinger and Rodriguez, P.A., Dover, for Appellant.

Todd M. Finchler, Tybout, Redfearn & Pell, Wilmington, for Appellee.

Phillip E. Herrmann, Edward B. Carter, Jr., and Christopher J. Curtin, Chair, DTLA Amicus Curiae, Amicus Curiae for Delaware Trial Lawyers Association.

Nancy E. Chrissinger, Chrissinger & Baumberger, Wilmington, Amicus Curiae for Liberty Mutual Insurance.

Before VEASEY, C.J., WALSH, HOLLAND, and BERGER, JJ., and LAMB, Vice Chancellor, constituting the Court en Banc.

PER CURIAM:

In this appeal from the Superior Court, we are asked to determine whether the displaced worker doctrine, as it has evolved under Delaware decisional law, is compatible with the strictures of State and federal legislation protecting the handicapped and disabled. Because we conclude that the Appellant-Claimant failed to present substantial evidence to the Industrial Accident Board (the "Board") to support a good faith job search, we do not reach the constitutional...

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