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BLUE HEN LINES, INC. v. TURBITT

Nos. 423 and 444, 2000.

787 A.2d 74 (2001)

BLUE HEN LINES, INC., Defendants Below, Appellants, v. Bryan TURBITT, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: December 12, 2001.

Attorney(s) appearing for the Case

R. Stokes Nolte, Esquire, Nolte, Brodoway & Saltz, P.A., Wilmington, Delaware, for Appellant Blue Hen Lines, Inc.

Nancy Chrissinger Cobb, Esquire, Chrissinger & Baumberger, Wilmington, Delaware, for Appellant Liberty Mutual Insurance Company.

Walt F. Schmittinger, Esquire, Schmittinger and Rodriguez, P.A., Dover, Delaware, for Appellee Bryan Turbitt.

Before VEASEY, Chief Justice, WALSH, BERGER, STEELE, Justices, and JACOBS, Vice Chancellor, constituting the Court En Banc.

WALSH, Justice.

In this appeal from the Superior Court, we address the question of whether a limited appeal by a claimant, from the Industrial Accident Board, negates the finality of the unappealed portion of the award, so as to preclude a separate action for liquidated damages for non-payment of an award. We conclude that if the employer or carrier is on notice that a portion of the award is due and payable, and no cross...

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