Delaware Industrial Accident Board Will Resume Live Proceedings On August 2, 2021 & Fund Reimbursement Rights To Be Asserted Beginning July 26, 2021

Weber Gallagher Simpson Stapleton Fires & Newby LLP

In an Order published on July 12, 2021, the Delaware Industrial Accident Board announced they will be returning to live “in-person” proceedings effective August 2, 2021, after being closed beginning on March 12, 2020 because Governor John Carney declared a state of emergency for the State of Delaware due to the public health crisis caused by COVID-19.

The Board has been holding full hearings and legal motion hearings remotely with the exception of disfigurement hearings, which were postponed until live proceedings could resume.

You can read the Order and review the new hearing procedures for both Wilmington and Dover here.

Allison Stein, Administrator with the Department of Labor, also announced that the Workers’ Compensation Fund will begin asserting its reimbursements rights as set forth in 19 Del. C. §2347 as of July 26, 2021.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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