Delaware Workers' Compensation Alert Update May 15, 2020

05.15.20

Category: Delaware

The Industrial Accident Board (IAB) in Delaware has issued an updated order regarding how workers’ compensation hearings will be conducted under the current COVID-19 restrictions. The Chairman of the Industrial Accident Board, Mark Murowany, and Chief Hearing Officer, Christopher Baum, have ordered that all scheduled hearings are to proceed by way of video and be heard by two Board members, effective May 18, 2020.
 
Under the prior order, video hearings were available if both parties agreed and were to be heard only by one hearing officer. However, in practice, few hearings were conducted. Video hearings are now mandatory, and a mere reluctance to use video will not be considered “good cause” for a continuance. If there are special circumstances that preclude a video hearing, the IAB will consider continuances on a case by case basis.
 
Parties will now need to proceed without the expectation that matters currently scheduled are going to be continued and be prepared accordingly.
 
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For more information, please contact Geoffrey S. Lockyer at glockyer@wglaw.com or 302.356.1125. 

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mcavacini@wglaw.com
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