· 12/23/1992
Reese v. Home Budget Center
Citations
- 619 A.2d 907
- 1992 Del. LEXIS 504
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the principle in Reese applies only if (1) the work accident “aggravated, accelerated, or in in combination with the [preexisting] infirmity produced the disability, and (2) the injury had not manifested itself prior to the time of the accident
- describing the standard for causation in a workers’ compensation claim involving a claimant’s preexisting injury as asking whether the injury would not have occurred but for the accident
- Board is free to choose between conflicting medical expert opinions so long as there is substantial evidence to support the finding.
- “The Board, of course, was free to choose between the conflicting diagnoses of [one physician and another physician] and either opinion would constitute substantial evidence for purposes of appeal.”
- “The ‘but-for’ definition of proximate cause . . . finds equal application . . . between an acknowledged industrial incident and its aftermath . . . . [I]f the accident provides the ‘setting’ or ‘trigger,’ causation is satisfied for purposes of compensability.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Walsh, Holland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.