Court Reinstates Refinery Worker's Hydrogen Sulfide Exposure Claim

WILMINGTON, Del. - The Delaware Supreme Court has reinstated a disability award for a refinery worker, saying a lower court judge considering the appeal by an employer erred in weighing causation evidence that had already been considered by a compensation panel. Steppi v. Conti Electric, Inc., No. 476, 2009 (Del. Sup. Ct.).

"Neither this Court nor the Superior Court in workers compensation appeals sits as the trier of fact nor do we have authority to weigh the evidence, determine questions of credibility, or make factual findings and conclusions," the high court said in its March 16 opinion.

Claimant-appellant James A. …