Opinion
C.A. NO. 99A-05-004-NAB.
Submitted: August 9, 1999.
Decided: September 13, 1999.
Motion to Affirm a Decision of the Industrial Accident Board. Denied.
Jessica L. Welch, Esquire, Doroshow Pasquale, Wilmington, Delaware, for the Claimant.
William D. Rimmer, Esquire, Heckler Cattie, Wilmington, Delaware, for the Employer.
ORDER
Having reviewed the parties' submissions, as well as the record below, the Court finds and concludes as follows:
1. The Industrial Accident Board (Board) terminated Claimant Marianne Fague's workers' compensation benefits following a so-called legal hearing regarding pre-trial production. Claimant appealed the Board's decision to this Court, and Delaware Park Racing Association (Employer) filed a motion to affirm on the grounds that there is substantial evidence to support the Board's findings and that there was no abuse of discretion.
See Super. Ct. Civ. R. 72.1(b).
2. This case cannot be resolved on a motion to affirm, which is to be granted only where "it is manifest on the face of appellant's brief that the appeal is without merit." Claimant's opening brief raises justiciable issues regarding basic due process requirements as well as the breadth of the Board's discretion.
Id .
3. The Court therefore concludes that the motion to affirm must be and hereby is Denied . Consistent with the provisions of Rule 72.1 (b), Employer's answering brief is due within 20 days of the date of this Order, and Claimant's reply brief is due two weeks thereafter.
It Is So ORDERED .