Decembre v. Perdue Farms LLC, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MILOURDE DECEMBRE, Claimant-Appellant Below, Appellant, v. PERDUE FARMS LLC, and BAYHEALTH MEDICAL CENTER, INC., dba KENT GENERAL HOSPITAL, Employer-Appellees Below, Appellees. § § § § § § § § § § § § § § No. 336, 2017 Court Below: Superior Court of the State of Delaware C.A. No. S16A-05-003 ESB Submitted: March 21, 2018 Decided: March 22, 2018 Before STRINE, Chief Justice; VAUGHN, and TRAYNOR, Justices. ORDER We affirm the judgment of the Superior Court dated July 25, 2017.1 The sole issue fairly raised below and before us is whether the Industrial Accident Board (“IAB”) should have awarded counsel for the appellant an attorney’s charging lien. The IAB and Superior Court properly rejected that contention. Whether there was another proper basis for the IAB to award attorney’s fees was not fairly argued to 1 Milourde Decembre v. Perdue Farms, LLC, C.A. No. S16A-05-003-ESB (Del. Super. Ct. July 25, 2017). the Superior Court or us, and therefore we have not considered any other basis for an award other than the one fairly argued. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is hereby AFFIRMED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice 2

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