A Delaware court recently ruled in the case of Thomas Maclary v. James Malin Plumbing, granting Maclary attorney's fees after a successful appeal regarding his workers' compensation claim. This decision is significant for workers seeking compensation for injuries, as it clarifies the conditions under which attorney fees can be awarded in similar cases.
The case, filed under docket number N24A-07-002 DJB, involved Maclary, who sought compensation for injuries sustained while working for James Malin Plumbing. The ruling affects not only Maclary but also sets a precedent for future workers' compensation claims in Delaware.
Maclary's dispute with his employer arose after the Industrial Accident Board (IAB) denied compensation for certain injuries. Following the IAB's decision, Maclary appealed to the Superior Court, which initially granted him some attorney fees but did not include fees related to successfully defending against the employer's cross-appeal.
In its recent ruling on October 12, 2026, the court addressed Maclary's motion for reargument regarding attorney fees. The court found that Maclary was entitled to fees not only for the issues he successfully appealed but also for those he defended against the employer's cross-appeal. Judge Danielle J. Brennan presided over the case.
The court stated, "This decision does not change the Court’s initial determination that an issue-based analysis is the appropriate review for an award in this case." The ruling emphasized that a claimant should not bear the costs of defending their award against an employer's appeal.
The court's decision is rooted in Delaware law, specifically 19 Del. C. § 2350(f), which allows for reasonable attorney fees for time spent preparing for an appeal from an unfavorable IAB decision. The court clarified that a claimant could recover fees even if they were not successful on all claims raised during the appeal.
Maclary's case involved multiple issues, including the denial of compensation for injuries to his lumbar spine and left elbow. While the court affirmed the IAB's decision regarding the left elbow, it reversed the exclusion of lumbar spine injuries and remanded the case back to the Board for further consideration.
The ruling also highlighted the importance of the precedent set in the case of DiGiacomo v. Board of Public Education in Wilmington, which established that attorney fees could be awarded for successfully defending an award on appeal. The court noted that denying fees for successfully defended claims contradicted the intent of the law.
In terms of impact, this ruling is crucial for workers' rights in Delaware. It ensures that employees who successfully appeal IAB decisions can receive compensation for their legal expenses, which helps protect their financial interests. This decision may encourage more workers to pursue legitimate claims without the fear of incurring significant legal costs.
Looking ahead, the ruling opens the door for future claims under similar circumstances. It sets a clear precedent that attorney fees can be awarded for both successful appeals and defenses against employer challenges, potentially influencing how employers approach appeals in workers' compensation cases.
As for what’s next, the court has ordered both parties to meet and confer regarding the reasonableness of the attorney fees claimed. If they cannot reach an agreement, they will attend an in-person conference with the court to finalize the fees. The case may still be appealed, but details were not available in the court filing.