The Delaware Supreme Court has upheld a ruling that denies compensation to Prince Parker for a back injury he claimed occurred while working for The Borsello Companies, Inc. The court's decision, made on August 10, 2026, affects Parker's ability to receive benefits for his injury, which he alleged was caused by his job duties.
This case matters because it highlights the challenges workers face when seeking compensation for injuries sustained on the job. The ruling emphasizes the importance of providing sufficient evidence to support claims for workers’ compensation under Delaware law.
Background
Prince Parker began working for The Borsello Companies in 2020. His responsibilities included operating a forklift and mixing mortar. On February 19, 2024, Parker claimed he suffered a back injury after lifting and emptying over 100 buckets of water to mix mortar. He reported the injury to other employees, including foreman Johnny Arebalo, who denied that Parker had reported any injury.
On February 29, 2024, Parker sent a text message to project manager Zach Black, stating that mixing grout was causing severe back pain due to his previous spinal surgery. However, Parker did not contact the company president, Mark Borsello, about his injury. Parker continued to work until mid-March 2024, when he was terminated for insubordination after refusing to leave the work site on a day he was not scheduled to work.
The Ruling
Parker filed a petition with the Industrial Accident Board on August 5, 2024, seeking compensation for his alleged lumbar spine injury. The Board held a hearing on February 26, 2025, where both Parker and Borsello employees testified. The Board ultimately denied Parker's petition, stating he did not prove he suffered a compensable injury during his employment.
The Delaware Supreme Court reviewed the case and affirmed the Board's decision. The court noted, "The Board simply did not find credible Parker’s testimony that he suffered an injury on February 19, 2024." The court explained that substantial evidence supported the Board's findings, and it deferred to the Board's assessment of witness credibility.
Impact
This ruling has significant implications for workers seeking compensation for injuries related to their employment. It reinforces the necessity for employees to provide clear and convincing evidence that their injuries resulted from their work duties. The court's decision also emphasizes that the burden of proof lies with the employee, as stated in the Delaware Workers’ Compensation Act.
The case illustrates the complexities involved in workers' compensation claims and the importance of proper legal representation. Parker's claims about inadequate legal counsel during the Board proceedings were not considered by the court, indicating that such issues must be addressed separately from the compensation claim.
What's Next
Parker's options for appeal appear limited, as the Delaware Supreme Court has affirmed the lower court's ruling. There is no indication of any related cases pending at this time. Parker may consider pursuing a separate legal malpractice claim against his former attorney if he believes he was inadequately represented during the Board proceedings.