Rogers v. Lear Corp.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY JOYCE ROGERS, Plaintiff, v. LEAR CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) C.A. No. 02A-02-007-FSS Submitted: April 1, 2003 Decided: July 2, 2003 ORDER Upon Second Appeal from the Industrial Accident Board AFFIRMED This is another appeal by Joyce Rogers from an adverse Industrial Accident Board decision on her claims against Lear Corporation. Based on res judicata principles, the Board denied Rogers s most recent petitions. The Board s most recent decision was correct. Rogers s latest claims were subsumed, entirely or in part, by the Board s earlier decisions.1 And to the extent that any of Rogers s latest claims involved periods extending beyond, but overlapping those covered in the Board s earlier decisions, those claims are merged with Rogers s earlier claims and the Board s earlier decisions. At best, Rogers is 1 Joyce Lynn Rogers v. Lear C orporatio n, 820 A.2d 372 (De l. 2003) dismissing appeal from Del. Super. Ct., No. 01A-07-006-FSS, Silverman, J. (April 30, 200 2). impermissibly splitting or fragmenting her claims. Basically, however, she is relitigating her earlier appeal. For the foregoing reasons, the January 10, 2002 decision of the Industrial Accident Board is AFFIRMED, and this appeal is DISMISSED. This case is closed. IT IS SO ORDERED. Date Judge oc: Prothonotary (Civil Division) pc: Scott R. Mondell, Esquire Ms. Joyce Rogers 2
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