IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

WAYNE FORAKER, )

)

Claimant Below - )

Appellant, )

) C.A. No. N19A-12-001 ALR 

v. )

) 

AMAZON.COM, INC., )

)

Employer Below - )

Appellee. )

Submitted: December 31, 2020

Decided: January 4, 2021

Upon Application for Certification of an Interlocutory Appeal

By Employer Below - Appellee

DENIED

ORDER

Upon consideration of the application for certification of interlocutory appeal 

and response in opposition thereto; the facts, arguments, and legal authorities set 

forth in the parties’ submissions; Supreme Court Rule 42; the Superior Court Rules 

of Civil Procedure; decisional law; and the entire record in this case, the Court 

hereby finds as follows:

1. This matter was before the Superior Court in the Court’s appellate role.

2. Wayne Foraker (“Foraker”) was injured in the course of his 

employment at Amazon.com, Inc. (“Amazon”). Foraker was paid temporary total 
2

disability workers’ compensation benefits for his work-related injury. The Industrial 

Accident Board (“IAB”) denied additional total disability benefits on the grounds 

that Foraker’s continuing medical problems were attributed to a preexisting injury 

and not Foraker’s more recent work-related injury.

3. In a Memorandum Opinion issued November 5, 2020, this Court found 

that the IAB committed legal error in its denial of additional workers’ compensation. 

This Court also ruled that the record did not include substantial evidence to support 

the IAB’s findings of fact that Foraker’s recent Amazon injury had completely 

resolved and, instead, that any injury Foraker continued to suffer was attributed to 

his prior injury. 

4. By Order dated December 11, 2020, this Court denied Amazon’s 

motion for reargument/clarification on the grounds that the standard for reargument 

had not been met. This Court also found there was no basis to further clarify its 

decision.

5. Amazon cites two bases for approving the application. First, Amazon 

argues that interlocutory appeal will expedite the judicial process, reduce the cost of 

litigation and hasten full and final resolution. Second, Amazon claims this Court 

decided a significant issue. 

6. Foraker opposes certification of interlocutory appeal. 

7. The standard for certification of an interlocutory appeal is high: 
3

Interlocutory appeals should be exceptional, not routine, because they 

disrupt the normal procession of litigation, cause delay, and can 

threaten to exhaust scarce party and judicial resources. Therefore, 

parties should only ask for the right to seek interlocutory review if they 

believe in good faith that there are substantial benefits that will 

outweigh the certain costs that accompany an interlocutory appeal.1

8. An interlocutory appeal may be certified by this Court pursuant to 

Supreme Court Rule 42 only when the appealed decision (1) “decides a substantial 

issue of material importance that merits appellate review before a final judgment”

2

and (2) meets one or more criteria enumerated in Rule 42(b)(iii).

3

 Moreover, before 

certifying interlocutory appeal, this Court “should identify whether and why the 

likely benefits of interlocutory review outweigh the probable costs, such that 

interlocutory review is in the interests of justice.”4

9. Amazon’s application does not meet the strict standards for 

certification under Rule 42(b).

10. Neither the Court’s November 5, 2020 Memorandum Opinion nor the 

Court’s December 11, 2020 Order denying reargument/clarification decided any

substantial issues of material importance. While significant to the parties involved, 

the issues before the Court were routine. This Court applied a well-established 

 

1 Supr. Ct. R. 42(b)(ii).

2 Supr. Ct. R. 42(b)(i).

3 See Supr. Ct. R. 42 (b)(iii).

4 Supr. Ct. R. 42(b).
4

standard of review, remanded the matter for application of the correct legal standard

and for findings based on record evidence.

5

11. The Court’s November 5, 2020 Memorandum Opinion and December 

11, 2020 Order do not meet Rule 42(b)(iii) criteria. The relief granted by this Court 

is not novel. There is no conflict among trial courts that should be addressed by the 

Delaware Supreme Court. In addition, the Order does not grant or deny dispositive 

relief and interlocutory review is therefore unlikely to terminate this litigation. On 

the other hand, interlocutory review will cause further delays of this case and require 

the parties to expend resources litigating an unexceptional issue, a scenario that the 

strict standards of Rule 42(b) seek to prevent.6 

12. Exceptional circumstances that would merit interlocutory review of this 

Court’s rulings are not present here. 

13. The public policy rationale of the worker’s compensation no-fault 

scheme is to provide for prompt payment of medical expenses and lost wages 

 

5 See A & J Builders, Inc. v. McKirby, 2009 WL 2972916, at *1 (Del. Sept. 14, 2009) 

(TABLE) (reiterating that “an order of remand by the Superior Court to the Industrial 

Accident Board is interlocutory and not a final order” unless remanded for purely 

ministerial functions). See also Sprint Nextel Corp. v. iPCS, Inc., 2008 WL 

2861717, at *1 (Del. Ch. July 22, 2008) (“The ‘substantial issue’ requirement is met 

when an interlocutory order decides a main question of law which relates to the 

merits of the case, and not to collateral matters.”).

6 See Supr. Ct. R. 42(b)(ii) (“Interlocutory appeals should be exceptional, not routine, 

because they disrupt the normal procession of litigation, cause delay, and can 

threaten to exhaust scarce party and judicial resources.”).
5

associated with work-related injuries.7 An interlocutory appeal before the Board 

reconsiders whether Foraker is entitled to additional compensation is contrary to that 

public policy in favor of prompt compensation. In addition, any appeal by Amazon 

after an award of benefits triggers the constitutional requirement that an employer 

post a bond for the full amount of the award prior to any request for a stay of that 

payment.8

14. Any potential benefits of interlocutory review are substantially 

outweighed by the inefficiency, disruption and costs of an interlocutory appeal. 

15. Accordingly, interlocutory review will be disruptive, will cause delay, 

and will not be consistent with the fair and efficient administration of justice. 

NOW, THEREFORE, this 4

th day of January 2021, Amazon’s application 

for certification of an interlocutory appeal is hereby DENIED.

IT IS SO ORDERED.

Andrea L. Rocanelli 

______________________________

The Honorable Andrea L. Rocanelli

 

7 Moss Rehab v. White, 692 A.2d 902, 909 n.12 (Del. 1997).

8 Del. Const. art. IV, § 24.