Special Alert—COVID-19 and Workers’ Compensation Litigation Update for Delaware

On March 31, 2020, the Industrial Accident Board issued an additional order allowing hearings to move forward as of April 13, 2020. To proceed, the parties were required to stipulate to a Hearing Officer, and the matter would then take place via video conferencing using the WebEx Meeting technology. However, beginning May 18, 2020, a further order allowed for all hearings to be heard by Board Members via video. The order details the parties’ ability to request a continuance if any participant is incapable of moving forward due to technological incapacity. A party cannot request a continuance merely due to “reluctance or disinclination to use the video format.” Other factors may also preclude moving forward at a scheduled hearing via video, and the Board’s order allows for the use of their discretion, especially in complex matters or those involving pro se claimants.

For a copy of the May 18 order, please contact Jessica.

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