Hackworth v. Wal-Mart Stores, Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SANDRA HACKWORTH, § § § § § § § § § § § Claimant Below, Appellant, v. WAL-MART STORES, INC., Employer Below, Appellee. No. 588, 2007 Court Below Superior Court of the State of Delaware, in and for Kent County C.A. No. 06A-12-002 Submitted: June 18, 2008 Decided: June 20, 2008 Before HOLLAND, BERGER, JACOBS, RIDGELY, Justices and NOBLE, Vice Chancellor,1 constituting the Court en Banc. ORDER This 20th day of June 2008, the Court having considered this matter after oral argument and on the briefs filed by the parties has determined that the final judgment of the Superior Court should be affirmed on the basis of and for the reasons assigned by the Superior Court in its well-reasoned decision dated October 9, 2007. During oral argument, the parties represented to this Court they are trying to reach an agreement concerning the payment of Dr. Ameer s bill, that was referred to in footnote 2 of the Industrial Accident Board s decision. 1 If the parties cannot reach an Sitting by designation pursuant to Del. Const. art. IV, § 12 and Supr. Ct. R. 2 and 4. agreement, the Industrial Accident Board has jurisdiction to decide how much of Dr. Ameer s bill can be attributed to treatment for the claimant s neck injury. NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. The Clerk is directed to issue the mandate immediately. BY THE COURT: /s/ Randy J. Holland Justice 2

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