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LEVAN v. INDEPENDENCE MALL, INC.

No. 121, 2007.

940 A.2d 929 (2007)

Joseph LEVAN, Claimant Below-Appellant, v. INDEPENDENCE MALL, INC., Employer Below-Appellee.

Supreme Court of Delaware.

Decided: December 5, 2007.

Attorney(s) appearing for the Case

Edward B. Carter and Lawrance Spiller Kimmel (argued), Esquires, of Kimmel, Carter, Roman & Peitz, PA., Bear, Delaware, for Appellant.

David R. Batman, Esquire, of Heckler & Frabizzio, P.A., Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en banc.

RIDGELY, Justice.

Appellant Joseph LeVan was injured in a work-related accident in 1989 while employed by Appellee Independence Mall ("Employer"). A check issued by the Employer's insurance carrier to pay medical expenses was mailed on February 3, 2000. The medical provider deposited the check on February 11, 2000. LeVan filed a petition for additional compensation with the Industrial Accident Board on February 9, 2005. The Board held that his petition was barred...

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