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VINCENT v. EASTERN SHORE MARKETS

No. 561, 2008.

970 A.2d 160 (2009)

Dennis VINCENT, Claimant Below-Appellant, v. EASTERN SHORE MARKETS, Employer Below-Appellee.

Supreme Court of Delaware.

Decided: April 7, 2009.

Attorney(s) appearing for the Case

Walt F. Schmittinger, Esquire and Kristi N. Vitola, Esquire of Schmittinger and Rodriguez, P.A., Dover, Delaware, for appellant.

John J. Klusman, Esquire and Leroy A. Tice, Esquire of Tybout Redfearn & Pell, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, BERGER, and RIDGELY, Justices.

RIDGELY, Justice.

Claimant-Appellant Dennis Vincent appeals from the judgment of the Superior Court affirming the Industrial Accident Board's (the "IAB" or the "Board") dismissal of Vincent's petition to determine compensation due. Vincent raises two arguments on appeal. First, he contends that in dismissing the petition, the Board violated his due process rights and the notice requirements of the Administrative Procedures Act (the "APA").1

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