COVID-19 Resource Center

10/22/2021

Attorney Starr Successful in Securing Termination of Benefits

Kristopher T. Starr, a partner in the firm’s Wilmington, DE office, successfully prosecuted a Petition for Review on behalf of Employer before the Delaware Industrial Accident Board this past July.

The Board, in its written decision, found that Employer had sufficiently demonstrated Claimant had “medical capacity” to work.  Further, the Board determined Claimant had not proved prima facie displaced worker status or actual displaced worker status.

Key to the Board’s determination was the inconsistent testimony of Claimant, who was cross-examined by Starr, which the Board found persuasively questioned Claimant’s credibility leading to a Termination of Total Disability Benefits and a total denial of Partial Disability Benefits effectively ending the active indemnity claim.

By succeeding on a denial of both prongs of indemnity benefits, TTD & TPD, Employer avoided an Order requiring repayment to the Workers’ Compensation Second Injury Fund of TTD benefits paid during the pendency of the Petition for Review.

If you have any questions about this case or any other workers’ compensation issue in Delaware, please contact Kristopher Starr at kstarr@c-wlaw.com or (302) 401-1600.