DE Superior Court holds that the Board’s decision terminating an undocumented worker’s total disability benefits is based upon substantital evidence and is free from legal error.

The Delaware Superior Court concluded that the Board’s decision to terminate the claimant’s total disability benefits was based upon substantial evidence and free from any error of law. The court stated that combining the Labor Market Survey evidence and the testimony of Dr. Toohey (an Assistant Professor of Economics at the University of Delaware), the Board had properly found that the employer was successful in establishing the appropriate nexus between actual jobs available in the Labor Market Survey and the prevalence of undocumented workers in those job categories in Delaware. Therefore, by so doing, the employer had successfully rebutted the claimant’s showing that she was a prima facie displaced worker. The Superior Court concluded that the employer had complied with the Supreme Court’s directives on presenting “reliable market evidence that employment within the worker’s capabilities is available to undocumented workers.” The Board’s decision was affirmed.

_{Case Law Alerts, 3^rd Quarter, July 2018}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}