ROADWAY EXPRESS v. FOLK

No. 169, 2002.

817 A.2d 772 (2003)

ROADWAY EXPRESS, Plaintiff-Employer Below, Appellant, v. James A. FOLK, Jr., Plaintiff-Employee Below, Appellee.

Supreme Court of Delaware.

Decided: March 3, 2003.


Attorney(s) appearing for the Case

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

Gary S. Nitsche, Esquire of Weik, Nitsche & Dougherty, Wilmington, Delaware, for Appellee.

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


PER CURIAM.

In this appeal, we hold that the Superior Court properly exercised its discretion to determine the amount of reimbursement to which an employer is entitled for workers' compensation benefits paid to an employee when the employee later obtains a successful judgment against a responsible tortfeasor through the joint efforts of both the employer's counsel and the employee's counsel. This Court has already determined...

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