Franceschi-Rodriguez v. Perdue Foods, LLC

── Franceschi-Rodriguez v. Perdue Foods, LLC ── Court: Superior Court of Delaware Date: May 22, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ) LUIS FRANCESCHI-RODRIGUEZ, ) ) C.A. No.: S25A-09-001 RHR Appellant, ) ) v. ) ) PERDUE FOODS, LLC, ) ) Appellee. ) Submitted: February 3, 2026 Decided: May 22, 2026 MEMORANDUM OPINION On Appeal from the Industrial Accident Board, REVERSED. Walt F. Schmittinger, Esq., SCHMITTINGER AND RODRIGUEZ, P.A., Dover, Delaware, Attorney for Appellant Luis Franceschi-Rodriguez. Andrea C. Panico, Esq., TYBOUT, REDFEARN & PELL, Wilmington, Delaware, Attorney for Perdue Foods, LLC. Robinson, J.  Luis Franceschi-Rodriguez appeals from the Industrial Accident Board’s (the “Board”) decision to terminate his temporary total disability benefits after concluding he was not a displaced worker. The decision arose after Franceschi- Rodriguez received a compensable workplace injury on March 1, 2022, while he was working for Perdue Foods, LLC (“Perdue”), but was later released to work under permanent sedentary work restrictions. This court reverses the Board’s decision without prejudice. FACTUAL AND PROCEDURAL BACKGROUND Franceschi-Rodriguez is a native of Puerto Rico who only speaks and understands Spanish. Franceschi-Rodriguez obtained a four-year degree and certification in respiratory therapy while living in Puerto Rico. This education was entirely in Spanish. Franceschi-Rodriguez worked as a respiratory therapist in a Puerto Rican hospital from 1995 to 1998 and worked as a police officer part-time from 1988 to 1998.1 When Franceschi-Rodriguez’s parents subsequently fell ill, he came to Massachusetts to care for them at some point in the 1990s2 until 2020.3 While taking care of his parents, Franceschi-Rodriguez did occasional painting work for a friend’s 1 D.I. 6, R. of Industrial Accident Board (hereinafter “R. of IAB”), Tab 9 at *13. 2 It is unclear when exactly Franceschi-Rodriguez moved to Massachusetts. Franceschi-Rodriguez mentioned a few different years in the 1990s, but an exact year was not specified. 3 D.I. 6, R. of IAB, Tab 2 at *59. 2 construction company. After the death of his parents, and upon moving to Delaware, Franceschi-Rodriguez got a job at Perdue. Because many employees at Perdue were Spanish-speaking, an interpreter was always available and some of the management staff were bilingual. Franceschi-Rodriguez’s degree and certification from Puerto Rico could not transfer to Delaware unless he took courses and completed a certification exam in English. On March 1, 2022, Franceschi-Rodriguez sustained compensable injuries while working at Perdue from the repetitive lifting of chicken boxes weighing around fifty-nine pounds. This lifting caused strain and injury to Franceschi- Rodriguez’s right upper extremity. After undergoing surgery for his right shoulder in October of 2022, Franceschi-Rodriguez continued to experience pain, limited range of motion, and functional deficits. Franceschi-Rodriguez’s surgeon, Dr. Manifold, released him in July of 2023 with permanent sedentary work restrictions. Franceschi-Rodriguez was restricted from any overhead use of his right arm, and lifting, pulling, or pushing more than ten pounds. Dr. Mavrakakis, a specialist in spinal conditions, treated Franceschi- Rodriguez’s non-compensable spinal injury and also restricted him to sedentary work. Franceschi-Rodriguez was evaluated throughout treatment by Dr. Gelman, Perdue’s expert,