Arthur Turner v. City of Wilmington

In Arthur Turner v. City of Wilmington, 919 A.2d 562, (Del. 2007), the plaintiff employee filed a civil action against the City of Wilmington (hereinafter, "the City") claiming liquidated damages, attorney fees and costs under the Wage Payment and Collection Act on the basis of the City's delay in payment of worker's compensation benefits. While the City of Wilmington had paid medical benefits, Turner brought the action on the basis that the City of Wilmington was subject to liquidated damages, fees, and costs under the Supreme Court decision in Huffman v. C.C. Oliphant & Son, Inc., 432 A.2d 1207 (Del. 1981). In Huffman, the Court granted recovery of damages for wrongfully withheld WCA benefits, pursuant to the Wage Payment and Collection Act (hereinafter "WPCA"). However, the Court in Turner rejected plaintiff's claim because the State of Delaware and its political subdivisions enjoy statutory immunity from WPCA remedies. Turner at 562. In Turner, the action was brought to recover the damages based upon the City's delay in paying benefits.