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TURBITT v. BLUE HEN LINES, INC.

No. 18, 1998.

711 A.2d 1214 (1998)

Bryan TURBITT, Claimant Below, Appellant, v. BLUE HEN LINES, INC., Employer Below, Appellee.

Supreme Court of Delaware.

Decided: July 6, 1998.

Attorney(s) appearing for the Case

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

R. Stokes Nolte, Nolte & Brodoway, P.A., Wilmington, for appellee.

Before VEASEY, C.J., WALSH, HOLLAND, and BERGER, JJ., and HORSEY, Justice, Retired constituting the Court En Banc.

WALSH, Justice:

In this appeal from the Superior Court, we consider the authority of the Industrial Accident Board (the "Board") to base a determination of disability on its institutional experience. We conclude that the Board, when presented with uncontroverted expert medical opinion, may not use its administrative expertise as a basis for rejecting competent medical evidence. The Board's resulting disability determination, thus, lacked substantial evidentiary support...

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