Cooper v. Capitol Nursing.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY LAURA COOPER, Claimaint Below Appellant, v. CAPITOL NURSING, Employer Below Appellee. ) ) ) ) ) ) ) ) ) C.A. No. N10A-03-014 MJB Submitted: June 8, 2010 Decided: August 31, 2010 Upon Appeal from the Industrial Accident Board. TRANSFERRED if the Appellant files in compliance with 10 Del. C. § 1902; otherwise the matter shall be DISMISSED. OPINION AND ORDER Christopher A. Amalfitano, Esquire, Ramunno & Ramunno, P.A., Wilmington, Delaware. Attorney for Laura Cooper. William R. Baker, Jr., Esquire, Tybout Redfearn & Pell, Wilmington, Delaware, Attorney for Capitol Nursing. BRADY, J. Before the Court is Appellant Laura Cooper s Appeal of a decision rendered by the Industrial Accident Board. Pursuant to 19 Del C. § 2349, the proper jurisdiction for an appeal of an Industrial Accident Board decision is in the county where the injury occurred. Upon reviewing the Appellant s Opening Brief and Appellee s Answering Brief, the Court has determined the injury occurred in Sussex County, thereby rendering the proper jurisdiction for this appeal within the Superior Court of the State of Delaware in and for Sussex County. Accordingly, this Court is without jurisdiction to hear the matter, and it shall be TRANSFERRED if the Appellant files in compliance with 10 Del. C. § 1902 to do so; otherwise, the matter shall be DISMISSED. IT IS SO ORDERED. _________________________ M. Jane Brady Superior Court Judge

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