A Delaware firefighter who twice suffered a workplace injury has been denied workers’ compensation benefits for his second claim because of the way he settled his first claim.
He was denied compensation for the second injury because it was judged to be a recurrence of the earlier injury which he had agreed to settle by accepting a lump sum payment and releasing the workers compensation insurer from further liability.
The Delaware Supreme Court earlier this month upheld the denial of his claim. The court affirmed that under settled law, a recurrence of a work injury