Kent General Hospital v. Blanco
In Kent General Hospital v. Blanco, 57 Del. 90, 195 A.2d 553, 7 Storey 90 (1963), the Delaware Supreme Court specifically considered the retroactivity of workmen's compensation awards.
"We hold, therefore, that the Board has implied authority to make its original awards retroactive; we further hold that the Board has like authority with respect to a modification, with the possible exception of termination of compensation payable to an employee; and that, even in the case of this possible exception, the Board has the authority to make its order retroactive to the date of the application therefore. What it ought to do in any given case, including the present one, must depend upon the facts."
The Court in Blanco further stated:
"We need not presently concern ourselves with the knotty problem whether a Board may order a termination as of a date prior to the petition therefor, in view of the amendment to Sec. 2347." Id. at 555.