Lawhorn v. New Castle County

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID LAWHORN, Claimant/Appellant Below Appellant, v. NEW CASTLE COUNTY, Employer/Appellees Below Appellees. ) ) ) ) ) ) ) ) ) ) ) No. 243, 2006 Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. 05A-06-007 Submitted: October 4, 2006 Decided: November 15, 2006 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 15th day of November, 2006, upon consideration of the parties briefs and the record in this case, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated May 1, 2006 affirming the June 6, 2005 decision of the Industrial Accident Board. The Superior Court did not err in concluding that Lawhorn s petition for additional compensation due was time-barred by the five-year statute of limitations under 19 Del. C. ยง 2361(b) and that Lawhorn had failed to overcome this procedural hurdle. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice _

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