A man who pursued workers’ compensation benefits with the Industrial Accident Board is barred by the election of remedies doctrine from pursuing a negligence suit against his employer, despite the IAB rejecting his efforts, the New Castle County Superior Court has ruled.
The court on July 21 granted summary judgment in favor of defendant Saez & Son’s LLC, ruling that the election of remedies doctrine allows injured parties a choice between two avenues of relief and Jaime Maravilla-Diego had already pursued benefits to a final judgment before commencing his action against the company.
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