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Linda L. Wilson

Portrait of Linda L. Wilson

As a shareholder in the Workers’ Compensation Department, Linda devotes her entire practice to representing employers in workers’ compensation and unemployment matters. She also assists clients in handling matters pertaining to Medicare set-asides. Whether counseling clients, negotiating settlements or trying cases, Linda always seeks to minimize the client’s exposure/expenditures. 

Linda’s extensive litigation experience began at the Delaware Department of Justice, where she prosecuted both criminal and civil matters. As a deputy attorney general, she represented various state agencies, including the Delaware Industrial Accident Board (IAB). Linda left the Department of Justice to become a workers’ compensation hearing officer. Following her appointment to that position by the Delaware Secretary of Labor, Linda provided legal counsel to the IAB, wrote its decisions and, upon stipulation of the parties, sat in place of the IAB, hearing and deciding matters. That experience gave Linda the invaluable perspective of the tribunal, which is helpful in her current practice.

Today, Linda actively appears before the IAB on behalf of employers in a variety of matters. Her experience extends to practice before the Delaware Superior and Supreme courts with regard to workers compensation appeals. Linda also appears before Delaware Unemployment Insurance Referees and the Delaware Unemployment Insurance Appeal Board. 

Linda received her B.S. in Economics from the University of Delaware and her juris doctor from Widener University School of Law, where she was a member of the Phi Delta Phi Honor Society. In her free time, Linda enjoys watching lacrosse and gardening.

    • Widener University Delaware Law School (J.D., 1993)
    • University of Delaware (B.S., 1987)
    • Delaware, 1993
    • American Bar Association
    • Delaware State Bar Association
    • Advanced Workers' Compensation, Sterling Education Services
    • “Attention, Contractors! That Subcontractor You Are Thinking of Using Might Cost You Much More Than You Anticipate,” Defense Digest, Vol. 22, No. 3, September 2016
    • “Special Delaware Workers' Compensation Alert - Preauthorization Needed for Non-Certified Provider,” What's Hot in Worker's Comp, November 22, 2013

Thought Leadership

What's Hot in Workers' Comp

Another Case of Superior Court Weighing the Facts Rather than Simply Examining the Record to Determine if Substantial Evidence Exists to Support the Board’s Factual Findings and Conclusions?

June 8, 2026

In the May 2026 edition of What’s Hot, I highlighted a Delaware Supreme Court decision, Red House Motors v. Bayly, that reversed a Superior Court decision because the Superior Court is not free to make its own factual findings contrary to those of the board when there is substantial evidence to support the board’s conclusions.  In Franceschi-Rodriguez v. Perdue Foods, LLC,  C.A. No. S25A-09-001 RHR (Del. Super. May 22, 2026), the court reversed the board’s decision, terminating claimant’s temporary total disability benefits. The board terminated the claimant’s total disability benefits after determining that Franceschi was not prima facie a displaced worker. In reversing the board, the Franceschi court stated that the board’s decision that claimant was not prima facie a displaced worker was not supported by substantial evidence. Under Delaware law, once the board determines that a claimant is no longer totally medically disabled, the claimant can show continued entitlement to “economic” total disability benefits by showing prima facie displacement. In Franceschi, it was undisputed that the claimant was no longer totally medically disabled because he could perform sedentary work.    In considering whether Franceschi was prima facie displaced and thus possibly entitled to ongoing “economic” total disability benefits, the board found that the claimant was a 58-year old male, had a four-year degree achieved in Puerto Rico in Spanish, had a ten-year work history in law enforcement in Puerto Rico, and was unable to communicate in English. It also found that, since being in the United States, he only performed construction or work for Perdue. After weighing the evidence before it, the board determined that the claimant was not prima facie displaced.  On appeal, the Superior Court reversed the board’s decision that the claimant was not prima facie a displaced worker. In so doing, the court appeared to weigh the facts differently than was done by the board. It held that the board’s decision was not supported by substantial evidence. The Superior Court’s opinion largely emphasized the claimant’s language barrier and how his inability to speak, read, or write in English, combined with his inability to transfer his degree to Delaware without acquiring a local certification, rendered the claimant “effectively uneducated.” This finding by the Superior Court is contrary to the board’s weighing of the evidence presented during the hearing regarding the claimant’s mental capacity, education, and training that led the board to believe that the claimant “exhibited a host of skills beyond basic labor.”  Given the foregoing, it appears that Franceschi may be another instance of the court substituting its factual findings for those of the board, instead of simply determining whether substantial evidence exists to support the board’s findings of fact and conclusions of law.

What's Hot in Workers' Comp

Delaware Supreme Court Again Reverses Judge, Litigants Still Pay

May 1, 2026

In 2022, the Delaware Supreme Court, en banc, reversed a decision of Superior Court Judge Karsnitz in a pro hac vice matter, writing that “[b]oth the tone and the explicit language of the Superior Court’s memorandum opinion and order suggest that the courts’ interest extended beyond the mere propriety and advisability of Wood’s continued involvement in the case before it.” Page v. Oath Inc., 270 A.3d 833 (Del. 2022), 2022 WL 162965 at *3.  Two of the justices that decided Page recently heard and decided Red House Motors v. Bayly, No. 234, 2025, 2026 WL 568964 (Del. Mar. 2, 2026), again reversing a decision of Judge Karsnitz. The law is clear that, in workers’ compensation matters, the board is the finder of fact.  If a board decision is appealed, the reviewing court is required to defer to the factual findings of the board, so long as they are supported by substantial evidence.  Unfortunately, some judges seek to substitute their factual findings for those of the board, often resulting in significant litigation expenses for the parties. Such was the case of Red House Motors v. Bayly.  This case initially came before the board as a coverage matter.  Robert Bayly was a sole proprietor of several businesses.  The employees of the businesses were covered by workers’ compensation insurance.  After being injured at work, Bayly sought workers’ compensation benefits, which were denied by the carrier because Bayly was not considered an employee and had not paid for additional coverage for sole proprietors.  The board, agreeing with the carrier, found that, as a factual matter, Bayly never elected additional sole proprietor coverage.  Bayly appealed the board decision.  Contrary to the factual findings of the board, Judge Karsnitz concluded that they should have found that Bayly “orally” elected sole proprietor coverage.  He then reversed and entered judgment for Bayly.  The carrier appealed. The Delaware Supreme Court reversed the decision because the Superior Court is not free to make its own factual findings contrary to those of the board when there is substantial evidence to support the board’s conclusions.  Here, the board explained why, based on the record, it concluded as a factual matter that Bayly did not elect sole proprietor coverage and that those findings are entitled to deference.  Unfortunately, while the board decision was eventually upheld, the litigants still had to bear the expense of extra litigation.   

Firm Highlights

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.