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JOHNSON CONTROLS, INC. v. FIELDS

No. 387, 1999.

758 A.2d 506 (2000)

JOHNSON CONTROLS, INC., Defendant Below, Appellant, v. Adrian FIELDS, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 28, 2000.

Attorney(s) appearing for the Case

J.R. Julian, Esquire, Wilmington, Delaware, for Appellant.

Joseph W. Weik, Esquire, Weik, Nitsche & Dougherty, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.

PER CURIAM:

This is an appeal from a Superior Court decision affirming the Industrial Accident Board's (the "Board") award of partial disability benefits. The Superior Court ruled that forfeiture of permanent partial compensation benefits could not be implied where an employee is terminated for cause. We agree that, in the absence of clear statutory authority, there can be no forfeiture of benefits for lost earning capacity...

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