CHRYSLER GROUP v. MLADENOVICH, 15 A.3d 216 (Del. 2011)

CHRYSLER GROUP, L.L.C., Respondent-Appellee Below, Appellant, v. MIKE MLADENOVICH, Claimant-Appellant Below, Appellee.

No. 116, 2011.Supreme Court of Delaware.Submitted: March 10, 2011.
Decided: March 11, 2011.

Court Below — Superior Court of the State of Delaware in and for New Castle County, C.A. No. N10A-05-010.

Before STEELE, Chief Justice, HOLLAND
and RIDGELY, Justices.

ORDER
MYRON T. STEELE, Chief Justice.

This 11th day of March 2011, it appears to the Court that:

(1) The appellant, Chrysler Group, L.L.C., has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the interlocutory order of the Superior Court dated February 18, 2011, which reversed in part the April 14, 2010 decision of the Industrial Accident Board (the “Board”) and remanded the matter to the Board for further factual findings.[1]

(2) The appellant filed its application for certification to take an interlocutory appeal in the Superior Court on February 28, 2011. On March 10, 2011, the Superior Court denied the application on the ground that the requirements of Rule 42 had not been met.

(3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded that the appellant’s application for interlocutory review fails to meet the requirements of Supreme Court Rule 42 and, therefore, should be refused.

NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED.

[1] The Superior Court reversed the Board’s finding that the claimant had removed himself from the work force and remanded the matter for further findings on the claimant’s entitlement to partial disability benefits.