Thomas v. Dentsply International, Inc.

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SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 SUSSEX C OUN TY C OUR THO USE GEOR GETO WN , DE 19947 JUDGE June 4, 2009 Cassandra F. Roberts, Esquire Timothy E. Lengkeek, Esquire Young, Conaway, Stargatt & Taylor, LLP P.O. Box 391 Wilmington, DE 19899 Mr. Aaron Thomas 12352 James Dogwood Drive Bridgeville, DE 19933 Re: Thomas v. Dentsply International C.A. No. 06A-01-002-RFS Dear Counsel and Mr. Thomas: Having considered this matter on the record below, this Court has determined that the final judgment of the Industrial Accident Board should be AFFIRMED on the basis of, and for, the reasons assigned by the Industrial Accident Board in its decision dated September 12, 2007. Its decision that the alleged newly discovered evidence could have been obtained before the hearing with the use of due diligence is supported by the record. Its decision that the alleged newly discovered evidence would not have changed the original result is also supported by the record. Both decisions are correct as a matter of law. IT IS SO ORDERED. Very truly yours, Richard F. Stokes RFS/cv cc: Prothonotary

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