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Maxey v. Major Mechanical Contractors

330 A.2d 156 (1974)

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Maxey v. Major Mechanical Contractors

Delaware Superior Court
330 A.2d 156 (1974)

Facts

Cyrus Maxey (plaintiff) suffered a permanent partial disability to his left arm following a workplace accident on September 3, 1969. At the time of his injury, Maxey worked as a plumber for Major Mechanical Contractors (Major) (defendant), earning $4.50 per hour. Following his injury, Maxey began working for a gas station at $2.50 per hour. Based on those wages, Maxey was awarded $50 per week for his permanent partial-disability compensation. Maxey was later promoted to gas-station manager, and in October 1973, Maxey was earning $3.10 per hour. Based on the increase in Maxey’s wages, Major petitioned for a reduction in Maxey’s permanent partial-disability compensation. Maxey presented the expert testimony of David Golland, a research analyst chief of the Delaware Department of Labor, whose job involved computing the average weekly wage of employees in Delaware. Golland testified that the average weekly wage in the state of Delaware had increased by 19 percent from 1969 to 1973, from approximately $143 per week to $170 per week. The Industrial Accident Board did not take into account inflation’s impact on wages, and it reduced Maxey’s compensation. Maxey appealed.

Rule of Law

Issue

Holding and Reasoning (Bifferato, J.)

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