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Wilmington Fibre Specialty Company v. Rynders

Supreme Court of Delaware
Apr 9, 1975
336 A.2d 580 (Del. 1975)

Opinion

Argued January 13, 1975.

Decided April 9, 1975.

Upon appeal from Superior Court. Affirmed.

Stephen P. Casarino of Tybout, Redfearn Schnee, Wilmington, for employer, appellant.

Oliver V. Suddard, Wilmington, for employee, appellee.

Before HERRMANN, C.J., and DUFFY and McNEILLY, JJ.


The determinative questions presented in this workmen's compensation case are (1) whether loss of use of any member or part of the body resulting from pain is compensable under 19 Del. C. § 2326(g); and (2) whether there was substantial evidence sufficient to support the findings of the Industrial Accident Board.

The Superior Court held ( 316 A.2d 229) that pain may properly be considered in determining loss of use under 19 Del. C. § 2326(g), and that there was substantial evidence sufficient to support the findings of the Board.

We agree with those conclusions.

Loss of use resulting from pain caused by an industrial accident is compensable under 19 Del. C. § 2326(g), whether such pain is attributable to organic or psychogenic factors. See Sturgill v. M M, Inc., Del.Supr., 329 A.2d 360 (1974).

Affirmed.


Summaries of

Wilmington Fibre Specialty Company v. Rynders

Supreme Court of Delaware
Apr 9, 1975
336 A.2d 580 (Del. 1975)
Case details for

Wilmington Fibre Specialty Company v. Rynders

Case Details

Full title:WILMINGTON FIBRE SPECIALTY COMPANY, Employer, Appellant, v. Helene…

Court:Supreme Court of Delaware

Date published: Apr 9, 1975

Citations

336 A.2d 580 (Del. 1975)

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