Delaware Court Affirms Disability Award for Poultry-Related Pulmonary Disease

GEORGETOWN, Del. — A Delaware builder is appealing a trial court order affirming an industrial disability award to a carpenter who contended that a bacterial infection that led to the removal of a lung was related to his work in poultry houses and processing plants.

Sussex County (Del.) Superior Court Judge Richard F. Stokes affirmed the decision of Delaware’s Industrial Accident Board in favor of claimant David Ebersole Oct. 12, ruling that the board’s analysis met the applicable standard despite an incorrect citation.

Evans Builders Inc., the employer, has since appealed Judge Stokes’ order to the Delaware Supreme Court.