(DOWNLOAD) "William R. Duvall v. Charles Connell" by En Banc Supreme Court of Delaware # Book PDF Kindle ePub Free
eBook details
- Title: William R. Duvall v. Charles Connell
- Author : En Banc Supreme Court of Delaware
- Release Date : January 12, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
For over twenty-five years decisions of this Court have engrafted the unusual exertion" rule upon our Workmen's Compensation
Law. Thus, an employee with a "pre-existing physical weakness", whose employment aggravates that condition, is denied compensation
unless it can be shown that the worker was engaged in some form of unusual exertion at the time of a job related injury. 1
Today we re-examine this rule of law and abandon it. William Duvall appeals a decision of the Superior Court affirming the Industrial Accident Board's denial of workmen's compensation
benefits allegedly due him because of a back injury sustained while performing his routine duties for Charles C. Connell Roofing.
The Board denied Duvall benefits based upon proof that he had an unknown pre-existing back condition at the time of injury,
and upon his subsequent inability to prove unusual exertion as required by General Motors Corp. v. Veasey, Del.Supr., 371
A.2d 1074 (1977). We believe that abandoning the unusual exertion rule and its patent inequities is consistent with the statutory
principle that compensation be paid "for personal injury or death by accident arising out of and in the course of employment."
19 Del.C. § 2304 (1985). In the absence of contrary legislation, therefore, we adopt the "usual exertion" rule.
Under this principle, an injury is compensable if the ordinary stress and strain of employment is a substantial cause of the
injury. Accordingly, we reverse.