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Knox v. Georgia-Pacific Plywood Co.

Superior Court of Delaware, New Castle County

August 16, 1956

Eloise G. KNOX, Claimant Below,
v.
GEORGIA-PACIFIC PLYWOOD COMPANY, Defendant Below.

Carl E. Geuther, Wilmington, for plaintiff.

Clement C. Wood, Wilmington, for defendant.

LAYTON, Judge.

Petitioner is the wife of one of defendant's employees who was killed in an accident while operating his motor vehicle on company business in Pennsylvania. The Delaware Workmen's Compensation Board dismissed her petition and she has appealed to this Court in accordance with the provisions of 19 Del.C. § 2349.

Defendant employer has moved to dismiss this appeal for want of jurisdiction by this Court because the accident did not take place in any County of this State.

While the Delaware Workmen's Compensation Act of this State presumably includes

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accidents to employees whose duties take them temporarily out of the State, 19 Del.C. § 2349 provides that the award of the Board shall be final unless within 10 days '* * * either party appeals to the Superior Court for the county in which the injury occurred.'

It is plain that the Legislature, whether or not by oversight [1], ...


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