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NATIONAL UNION FIRE INS. CO. v. MCDOUGALL

No. 212, 2000.

773 A.2d 388 (2001)

NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PENNSYLVANIA, Defendant Below, Appellant, v. William S. McDOUGALL, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 28, 2001.

Reargument/Rehearing En Banc Denied June 29, 2001.

Attorney(s) appearing for the Case

Christopher J. Sipe, of Bailey & Wetzel, P.A., Wilmington, for Appellant.

Scott R. Mondell (argued), and H. Garrett Baker, of Elzufon & Austin, Wilmington, for Amicus Curiae Air Products and Chemical Company.

William D. Fletcher, Jr. (argued), Craig T. Eliassen, and Donna L. Harris, of Schmittinger & Rodriguez, Dover, for Appellee.

Before VEASEY, C.J., BERGER and STEELE, JJ.

PER CURIAM:

This case involves the question whether an employer (or its insurance carrier) can be held liable under the provisions of the Workers' Compensation Act1 and the Wage Payment and Collection Act2 for failure to pay an award made by the Industrial Accident Board, notwithstanding a finding that the failure to pay does not amount to a breach of the implied contractual...

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