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HORIZON SERVICES, INC. v. HENRY

No. 172, 2022.

304 A.3d 552 (2023)

HORIZON SERVICES, INC. and Eastern Alliance Insurance Company, Plaintiffs Below, Appellants, v. John HENRY and the Cincinnati Insurance Company, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: September 1, 2023.

Corrected: September 6, 2023.

Attorney(s) appearing for the Case

H. Garrett Baker, Esquire (argued), Francis D. Nardo, Esquire , ELZUFON AUSTIN & MONDELL, P.A., Wilmington, Delaware, for Appellants Horizon Services, Inc. and Eastern Alliance Insurance Company.

Jonathan B. O'Neill, Esquire , Amanda K. Dobies, Esquire , KIMMEL, CARTER, ROMAN, PELTZ & O'NEILL, P.A., Christiana, Delaware, for Appellee John Henry.

William A. Crawford, Esquire (argued), FRANKLIN & PROKOPIK, Newark, Delaware, for Appellee Cincinnati Insurance Company.

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, and GRIFFITHS, Justices, constituting the Court en banc.

This appeal requires us to interpret a section of the workers' compensation act that addresses when an employer or its workers' compensation insurance carrier may assert a lien against benefits an injured employee recovers from other sources. In a previous action between these parties, we addressed whether the exclusive-remedies...

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