State Home Improvement Co. v. Davis

Derocili v. Chrysler Corporation
259 A.2d 373 (Del. 1969) Cited 2 times
In DeRocili v. Chrysler Corporation, Del.Supr., 259 A.2d 373 (1969), the Delaware Supreme Court held that the gradual deterioration of a pre-existing back condition while an employee performed his regular duties, unaccompanied by an unusual event or exertion at a precise time did not qualify under the Workmen's Compensation Law as an accident.
As such, the case is the same as Belber, and is controlled by it. State Home Impr. Co. v. Davis, Del.Super., 251 A.2d 833, and Hudson v. DuPont Company, Del., 245 A.2d 805, cited and relied on by claimant, may be distinguished along the same lines. Each of them stands for the proposition that a compensable injury occurs when a pre-existing defect is suddenly accelerated by severe and unusual activity in the performance of the claimant's job. The record before us is devoid of any such evidence. We hold that there was no "accident" in this case within the meaning of that word as it is used in our Workmen's Compensation Law. See Reynolds v. Continental Can Company, Del., 240 A.2d 135.