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WATSON v. WAL-MART ASSOCIATES

No. 442, 2010.

30 A.3d 775 (2011)

Eugene WATSON, Claimant Below, Appellant, v. WAL-MART ASSOCIATES, a Delaware Corporation, Employer Below, Appellee.

Supreme Court of Delaware.

Decided: October 21, 2011.

Reargument Denied November 4, 2011.

Attorney(s) appearing for the Case

Bayard J. Snyder, Esquire , Snyder & Associates, P.A., Wilmington, Delaware, for Appellant.

Christine P. O'Connor, Esquire , Tybout, Redfearn & Pell, Wilmington, Delaware for Appellee.

Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices, and PARSONS, Vice Chancellor, constituting the Court en Banc.

BERGER, Justice:

In this appeal we consider the evidence required to prove and disprove that a claimant is a "displaced" worker under the workers' compensation law. A displaced worker is a partially disabled claimant who is deemed to be totally disabled because he is unable to work in the competitive labor market as a result of a work-related injury. A claimant who is not prima facie displaced, has the burden to prove...

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