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TAYLOR v. DIAMOND STATE PORT CORP.

No. 287, 2010.

14 A.3d 536 (2011)

Shirley TAYLOR, Claimant Below, Appellant, v. DIAMOND STATE PORT CORP., Employer-Below, Appellee.

Supreme Court of Delaware.

Decided: February 16, 2011.

Reargument Denied March 4, 2011.

Attorney(s) appearing for the Case

Yvonne Takvorian Saville (argued) and Michael Weiss of Weiss & Saville, P.A., Wilmington, Delaware, for appellant.

Francis X. Nardo (argued) and Natalie L. Palladino of Tybout, Redfearn & Pell, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

STEELE, Chief Justice:

Shirley Taylor sustained injuries while working for Diamond State Port Corporation. The Industrial Accident Board and the Superior Court determined that the workers' compensation wages she should receive should be based upon an average weekly wage computed according to 19 Del. C. § 2302(b). Because the General Assembly intended that she be compensated for lost earning capacity, her average weekly wage rate should be based on work...

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