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PUGH v. WAL-MART STORES, INC.

No. 273, 2007.

945 A.2d 588 (2008)

Terri PUGH, Appellant Below, Appellant v. WAL-MART STORES, INC., Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: February 15, 2008.

Rehearing Denied March 5, 2008.

Attorney(s) appearing for the Case

Craig T. Eliassen, Esquire, Schmittinger & Rodriguez, P.A., Dover, DE, for Appellant.

David G. Culley, Esquire, Tybout, Redfearn & Pell, Wilmington, DE, for Appellee.

Before BERGER, JACOBS and RIDGELY, Justices.

BERGER, Justice:

In this appeal, we consider whether the Industrial Accident Board (the "Board") has statutory authority to award attorneys' fees in cases where, because the parties settled, the Board never heard the underlying claim or made a compensation award. We conclude that the relevant statute should be construed to authorize such fee awards, given the purposes of the Workers' Compensation Act. We also hold that, in...

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