State of Delaware v. Ewing

The Freibott Law Firm was recently successful in its defense of an appeal taken by the State of Delaware in the case of Ewing v. State of Delaware.  On February 25, 2016, the Industrial Accident Board issued a decision granting our client’s Petition for reoccurrence of total disability benefits.  The employer, the State of Delaware, filed an appeal to the Superior Court of the State of Delaware.  In the appeal, the State of Delaware contended that our client did not demonstrate an intention to remain in the work force and had voluntarily departed from the work force thereby disqualifying her from total disability benefits.  The Superior Court found that the State of Delaware’s arguments were not supported by substantial evidence and the Industrial Accident Board’s decision was free from legal error.  Accordingly, the Superior Court affirmed the findings of the Industrial Accident Board.  (State of Delaware v. Ewing,C.A. No.: N16A-03-007 CEB)