Ferrell v. City of Wilmington, N24A-08-004 CEB

Corey Ferrell, a Wilmington firefighter, sustained a back injury in 2015 while working for a different fire company and received a 10% permanent impairment rating; he settled and fully commuted his workers' compensation claim (waiving future benefits related to that injury).
In 2023, while working for the City of Wilmington, Ferrell experienced back pain following a strenuous work incident; he filed a new workers' compensation claim alleging a new injury.
Medical evidence showed MRIs from both incidents indicated similar injuries and degenerative spinal changes.
The Industrial Accident Board found the 2023 incident constituted a "recurrence" of the 2015 injury, not a new or aggravated injury, and denied the claim.
Ferrell appealed, arguing the Board applied the wrong legal standard in determining compensability and erred in its findings.
The Superior Court reviewed whether the Board applied the correct legal standard and whether its decision was supported by substantial evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2023 incident was a new injury/aggravation or a recurrence	Ferrell: Incident constituted a new/"aggravated" compensable injury.	City: Incident was a recurrence of prior (2015) injury, not new/aggravated.	Recurrence; not a new/aggravated injury.
Proper legal standard for evaluating the claim	Ferrell: Board should apply "usual exertion" rule from Duvall.	City: Board properly applied aggravation/recurrence standard from Nally.	Board correctly applied Nally standard.
Whether substantial evidence supported the Board's finding	Ferrell: Insufficient evidence to support Board’s decision; expert evidence misweighed.	City: Board’s finding is based on sufficient expert medical evidence.	Board’s decision supported by substantial evidence.
Whether a new employer can be liable following commutation of claim with prior employer	Ferrell: Current employer liable due to new injury event.	City: No new compensable injury; prior commutation controls.	No new employer liability; prior commutation not disturbed.

Standard Distrib. Co. v. Nally, 630 A.2d 640 (Del. 1993) (framework for assessing recurrence vs. aggravation of workplace injuries)
Duvall v. Charles Connell Roofing, 564 A.2d 1132 (Del. 1989) (abolished the "unusual exertion" rule in favor of compensating injuries from "usual exertion" absent an identifiable accident)