STATE v. DREWS


491 A.2d 1136 (1985)

STATE of Delaware, Employer-Appellant, Appellant, v. Elizabeth DREWS, Employee-Appellee, Appellee.

Supreme Court of Delaware.

Decided: April 9, 1985.


Attorney(s) appearing for the Case

Colin Shalk (argued) and Beth H. Christman, of Tybout, Redfearn, Casarino & Pell, Wilmington, for employer-appellant.

Craig A. Karsnitz (argued), of Young, Conaway, Stargatt & Taylor, Wilmington, for employee-appellee.

John J. Schmittinger and Philip E. Herrmann, of Schmittinger and Rodriguez, P.A., Dover, amici curiae.

J.R. Julian, P.A., Roger A. Brown, Wilmington, for Pennsylvania Mfrs' Ass'n Ins. Co., amici curiae.

Before McNEILLY, HORSEY, MOORE and CHRISTIE, JJ., and HARTNETT, Vice Chancellor, constituting the Court en banc.


MOORE, Justice:

The State of Delaware (the employer) appeals a ruling of the Superior Court reversing an Industrial Accident Board (Board) decision which had denied attorney's fees to the claimant, Elizabeth Drews. The issue is whether a concession of liability, made by the State on the eve of a hearing on the merits, precludes an allowance of counsel fees because the Board then was not required to make a compensation award...

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