Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188 (Del. 2013). · Go Syfert
Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188 (Del. 2013). Cases Citing This Book View Copy Cite
“weighing the evidence, determining the credibility of witnesses, and resolving any conflicts in the testimony are functions reserved exclusively for the board.”
52 citation events (52 in the last 25 years) across 2 distinct courts.
Strongest positive: Barrett Business Service, Inc. v. Edge (delsuperct, 2021-10-14)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Barrett Business Service, Inc. v. Edge
Del. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence high
weighing the evidence, determining the credibility of witnesses, and resolving any conflicts in the testimony are functions reserved exclusively for the board.
discussed Cited as authority (verbatim quote) Elliott v. State of Delaware.
Del. Super. Ct. · 2014 · quote attribution · 1 verbatim quote · confidence high
only when there is no satisfactory proof to support a factual finding of the board may the superior court . . . overturn that finding
discussed Cited as authority (rule) Corey Ferrell v. City of Wilmington IAB
Del. · 2025 · confidence medium
Ferrell’s 19 Betts v. Townsends, Inc., 765 A.2d 531, 533 (Del. 2000) (citation omitted). 20 Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis, 309 A.3d 424 , 430 (Del. 2023) (quoting Oceanport Indus., Inc. v. Wilmington Stevedores, Inc., 636 A.2d 892, 899 (Del. 1994)). 21 Breeding v. Contractors-One, Inc., 549 A.2d 1102, 1104 (Del. 1988) (citation omitted). 22 Noel-Lisziewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (citation omitted). 23 Elzufon, 309 A.3d at 430. 8 second argument, which challenges the factual support for the Board’s conclusions, fails under the highly deferential standar…
discussed Cited as authority (rule) Foodliner v. Scott Hidinger
Del. Super. Ct. · 2025 · confidence medium
These restrictions are in part due to the ‘critical advantage’ the Board has in its ability to observe the testimony of the live witnesses.” 89 In this context, it is not this Court’s province to independently weigh the evidence, determine questions of credibility, or make its own factual findings,90 but rather, to “view the record in the light most favorable to the prevailing party below.”91 Further, “[t]here is a presumption in favor of validity of the Board’s decision and the burden of showing the error rests with the party raising the objection to such decision.”92 87 Fow…
discussed Cited as authority (rule) Maclary v. James Malin Plumbing
Del. Super. Ct. · 2025 · confidence medium
C. §10142(c). 54 Id. at §10142(d). 10 as adequate to support a conclusion.” 55 It is “more than a scintilla but less than a preponderance of the evidence.”56 The Board’s findings of fact are given great deference. 57 “Only when there is no satisfactory proof to support a factual finding of the Board may the Superior Court [] overturn that finding.”58 The Court must “consider the law and decide whether the board properly applied the facts as it found them to be.” 59 “[T]he Superior Court may only overturn a factual finding of the Board when there is no satisfactory proof in …
discussed Cited as authority (rule) Maclary v. James Malin Plumbing
Del. Super. Ct. · 2025 · confidence medium
C. §10142(c). 54 Id. at §10142(d). 10 as adequate to support a conclusion.” 55 It is “more than a scintilla but less than a preponderance of the evidence.”56 The Board’s findings of fact are given great deference. 57 “Only when there is no satisfactory proof to support a factual finding of the Board may the Superior Court [] overturn that finding.”58 The Court must “consider the law and decide whether the board properly applied the facts as it found them to be.” 59 “[T]he Superior Court may only overturn a factual finding of the Board when there is no satisfactory proof in …
cited Cited as authority (rule) Barry v. Unemployment Insurance Appeal Board
Del. Super. Ct. · 2025 · confidence medium
Comm’n, 383 U.S. 607, 620 (1966)). 30 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 31 Pochvatilla v. U.S. Postal Serv., 1997 WL 524062 , at *2 (Del.
discussed Cited as authority (rule) McCann-Cross v. Department of Health and Social Services Audit and Recovery Management Services
Del. Super. Ct. · 2025 · confidence medium
Servs., 201 A.3d 525 (Del. 2019). 19 Oceanport Indus., Inc. v. Wilmington Stevedores, Inc., 636 A.2d 892, 899 (Del. 1994) (citing Olney v. Cooch, 425 A.2d 610, 614 (Del. 1981)). 20 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 21 Ringgold v. Delaware Dep’t of Health & Soc.
discussed Cited as authority (rule) Olugbade-Oseyemi v. Delaware Board of Medical Licensure and Discipline
Del. Super. Ct. · 2025 · confidence medium
June 24, 2024) (citing Zayas v. State, 273 A.3d 776 , 785 (Del. 2022)) (cleaned up). 36 Powell v. OTAC, Inc., 223 A.3d 864 , 870 (Del. 2019) (quoting Noel-Liszkiewicz v. La- Z-Boy, 68 A.3d 188, 191 (Del. 2013)); id. at 871 (“[T]his factual finding depends in large measure on the Board’s assessment of the credibility of the witnesses who testify before it.
discussed Cited as authority (rule) Ferrell v. City of Wilmington
Del. Super. Ct. · 2025 · confidence medium
According to Dr. Matz, the kinds of symptoms and complaints of back pain about which Claimant began complaining on October 6, 2023, and later, are consistent with what one would expect from the injuries which Claimant sustained well before October 2023 and Claimant’s slowly progressive thoracic disc disease. 43 The Board is free to accept whatever expert testimony it wishes in making its determination.44 On appeal, the “the reviewing court does not sit as a trier of fact with authority to weigh the evidence, determine questions of credibility, and make its own factual findings and conclusi…
cited Cited as authority (rule) Griffin v. Police Officer Standards and Training Commission
Del. Super. Ct. · 2025 · confidence medium
Oct. 27, 2009) (TABLE)) (cleaned up). 44 Noel-Liszkiewics v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (quoting Street v. State, 669 A.2d 9, 11 (Del. 1995)). 45 Hudson v. Beebe Med.
discussed Cited as authority (rule) United Parcel Service v. Timothy Willis
Del. Super. Ct. · 2024 · confidence medium
June 24, 2024) (citing Zayas v. State, 273 A.3d 776 , 785 (Del. 2022)) (cleaned up). 64 Powell v. OTAC, Inc., 223 A.3d 864 , 870 (Del. 2019) (quoting Noel-Liszkiewicz v. La- Z-Boy, 68 A.3d 188, 191 (Del. 2013)); id. at 871 (“[T]his factual finding depends in large measure on the Board’s assessment of the credibility of the witnesses who testify before it.
discussed Cited as authority (rule) Blue Beach Bungalows DE, LLC v. The Delaware Department of Justice Consumer Protection Unit
Del. Super. Ct. · 2024 · confidence medium
Dist., 962 A.2d 222 , 225–26 (Del. 2008) (quotation and citation omitted). 7 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 8 Gala v. Bullock, 250 A.3d 52 , 69 (Del. 2021). 9 Johnson Controls, Inc. v. Fields, 758 A.2d 506, 509 (Del. 2000). 5 THE SCOPE OF THE CONSUMER FRAUD ACT Appellant helpfully provided a chart showing the Hearing Officer rulings, which rulings Appellant challenges, and a brief description of the nature of the challenge.
cited Cited as authority (rule) Canterbury Crossing Homeowners' Association, Inc. v. Canterbury Crossing MHC, LLC
Del. Super. Ct. · 2024 · confidence medium
NEP/tls Via File & Serve Xpress oc: Prothonotary cc: Counsel of Record 178 Powell, 223 A.3d at 870 (quoting Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013)). 32
discussed Cited as authority (rule) Savage v. Shoprite
Del. Super. Ct. · 2024 · confidence medium
June 24, 2024) (citing Zayas v. State, 273 A.3d 776 , 785 (Del. 2022)) (cleaned up). 83 Powell v. OTAC, Inc., 223 A.3d 864 , 870 (Del. 2019) (quoting Noel-Liszkiewicz v. La- Z-Boy, 68 A.3d 188, 191 (Del. 2013)); id. at 871 (citing Hardy v. E.
discussed Cited as authority (rule) Matthews v. Unemployment Insurance Appeal Board
Del. Super. Ct. · 2024 · confidence medium
Comm’n, 383 U.S. 607, 620 (1966)). 19 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). reviewing the record for substantial evidence, the Court must consider the facts in the light most favorable to the prevailing party below.20 Furthermore, the Court does not make its own factual findings on appeal or assess witness credibility.21 Reviews of the UIAB’s factual findings and other discretionary decisions are limited to reviews for abuses of discretion.22 Alternatively, errors of law are reviewed de novo.23 If the Board’s findings are supported by substantial evidence and the UI…
discussed Cited as authority (rule) Mid-Sussex Rescue Squad v. Hearne
Del. Super. Ct. · 2024 · confidence medium
“The review of an Industrial Accident Board’s decision is limited to an examination of the record for errors of law and a determination of whether substantial evidence exists to support the Board’s findings of fact and conclusions of law.”1 Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”2 “On appeal, this Court will not weigh the evidence, determine questions of credibility, or make its own factual findings.”3 Our courts give great deference to those decisions made by administrative agencies, “[o]nly when…
discussed Cited as authority (rule) Testa-Carr v. Sallie Mae
Del. Super. Ct. · 2024 · confidence medium
Aug. 30, 2012). 18 Noel-Liszkiewicz v. La-Z Boy, 68 A.3d 188, 191 (Del. 2013). 19 Id. 20 19 Del C. § 2304. 21 Rose v. Cadillac Fairview Shopping Center Properties (Delaware) Inc., 668 A.2d 782, 786 (Del.
discussed Cited as authority (rule) Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis
Del. · 2023 · confidence medium
First, Elzufon argues that the IAB’s conclusion that Lewis’s spinal injury was causally related to the 2016 injury was not based on substantial evidence.82 According to Elzufon, Dr. Newell’s opinion— which was the only causation evidence supporting Lewis’s position—was “purely speculative in nature” and therefore did not constitute substantial evidence.83 Second, Elzufon argues that the IAB should have dismissed the Petition as time- barred.84 According to Elzufon, the Board should not have applied 78 Betts v. Townsends, Inc., 765 A.2d 531, 533 (Del. 2000). 79 Oceanport Indus.,…
discussed Cited as authority (rule) State v. Williams
Del. Super. Ct. · 2023 · confidence medium
C. § 2345.36 This Court has held that, although the reasoning of the Board must be clear, [W]here the testimony has been explained as part of the preface to the findings of fact and law and where the Board’s decision contains the 33 Noel-Liszkiewicz v. La-Z Boy, 68 A.3d 188, 191 (Del. 2013). 34 Id. 35 19 Del.
discussed Cited as authority (rule) Zayas v. State
Del. · 2022 · confidence medium
Analysis In considering the evidentiary issues presented here, we note at the outset that “[a]dministrative agencies operate less formally than courts of law.”54 For example, how the rules of evidence apply to IAB hearings is set forth under Section 1331 of the Industrial 48 Powell v. OTAC, Inc., 223 A.3d 864 , 870 (Del. 2019) (citing Noel-Liszkiewicz v La-Z-Boy, 68 A.3d 188, 191 (Del. 2013)). 49 Adams v. F. Schumacher & Co., Inc., 886 A.2d 1277 , 2005 WL 2895105, at *2 (Del.
discussed Cited as authority (rule) Cooper v. DE Board of Nursing
Del. · 2021 · confidence medium
Control, 250 A.3d 94 , 105 (Del. 2021). 4 Id. 5 Oceanport Indus., Inc. v. Wilmington Stevedores, Inc., 636 A.2d 892, 899 (Del. 1994). 6 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 7 Del.
discussed Cited as authority (rule) Warren v. Amsted Industries, Inc.
Del. · 2021 · confidence medium
Mar. 24, 2008)). 11 Id. (citing Olney v. Cooch, 425 A.2d 610, 614 (Del. 1981)). 12 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (citing Breeding v. Contractors- One-Inc., 549 A.2d 1102, 1104 (Del. 1988)). 13 Person-Gaines v. Pepco Holdings, Inc., 981 A.2d 1159, 1161 (Del. 2009) (citing Johnson v. Chrysler Corp., 213 A.2d 64, 66-67 (Del. 1965)). 14 Powell v. OTAC, Inc., 223 A.3d 864 , 870 (Del. 2019) (citing Noel-Liszkiewicz, 68 A.3d at 191 )). 15 Id. at 870-71 (citing Noel-Liszkiewicz, 68 A.3d at 191 )). 16 Arrants v. Home Depot, 65 A.3d 601, 605 (Del. 2013). 4 (9) We first addre…
discussed Cited as authority (rule) Washington v. Delaware Transit Corp
Del. · 2020 · confidence medium
Dec. 4, 2019) (quoting Roos Foods v. Guardado, 152 A.3d 114, 118 (Del. 2016)). 52 Id. 53 Id. (quoting Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013)). 54 Id. (quoting Person-Gaines v. Pepco Hldgs., Inc., 981 A.2d 1159, 1161 (Del. 2009)) (internal quotation marks omitted). 13 the TTD Petition and PI Petition address different issues, the Board erred in relying on testimony from the TTD Petition as the sole basis for dismissing the PI Petition.
discussed Cited as authority (rule) Perdue Farms, Inc. v. Atkinson
Del. Super. Ct. · 2019 · confidence medium
Ct. Oct. 2, 2002). 5 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 4 This case comes down to whether the Board abused its discretion by relying on an expert’s testimony where that expert was unaware of a subsequent injury.
discussed Cited as authority (rule) Powell v. OTAC, Inc.
Del. · 2019 · confidence medium
Mar. 24, 2008)) (internal quotation marks omitted). 34 Id. (citing Olney v. Cooch, 425 A.2d 610, 614 (Del. 1981)). 35 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 36 Person-Gaines v. Pepco Holdings, Inc., 981 A.2d 1159, 1161 (Del. 2009)). 10 supported by substantial evidence and is free from legal error.”37 “Weighing the evidence, determining the credibility of witnesses, and resolving any conflicts in the testimony are functions reserved exclusively for the Board.”38 Further, “[o]nly when there is no satisfactory proof to support a factual finding of the Board may the S…
discussed Cited as authority (rule) Powell v. Otac, Inc.
Del. Super. Ct. · 2019 · confidence medium
C. § 10142(d). 37 Histeaa', 621 A.2d at 342 (citing Olney v. Cooch, 425 A.2d 610, 614 (Del. 1981)). 33 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 39 Person-Gaines v. Pepco Holdings Inc., 981 A.2d 1159, 1161 (Del. 2009). 10 Steven Powell v. Hardee ’s C.A.
discussed Cited as authority (rule) Sierra Club
Del. Super. Ct. · 2015 · confidence medium
Co. v. Consumer Affairs Bd., 616 A.2d 1205, 1208 (Del. 1992)). 8 Streett v. State, 669 A.2d 9, 11 (Del. 1995) (quoting Olney v. Cooch, 425 A.2d 610, 614 (Del. 1981)). 9 Breeding v. Contractors-One-Inc., 549 A.2d 1102, 1104 (Del. 1988). 10 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 11 Stoltz Mgmt.
discussed Cited as authority (rule) Moran v. Unemployment Insurance Appeal Board.
Del. Super. Ct. · 2014 · confidence medium
Pursuant to Section 3315, “[a]n unemployed individual shall be eligible to receive benefits with respect to any week only if the Department finds that the individual: . . . (3) Is able to work and is available for work and is actively seeking work; . . .” There is a rebuttable presumption that a full-time student is not available for work.5 To rebut the presumption, a claimant “must demonstrate that [the 1 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (citing Stoltz Mgmt.
cited Cited as authority (rule) Vaughan v. Firestone Hotel Group, Inc.
Del. Super. Ct. · 2014 · confidence medium
There is substantial evidence in addition to Dr. Crain’s testimony, such as chiropractor medical records and MRI results, to 25 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013). 26 29 Del.
discussed Cited as authority (rule) Bugaj v. L & D Suzuki
Del. Super. Ct. · 2014 · confidence medium
Mr. Bugaj then had Mr. Windsor subpoenaed for the hearing before the UIAB. 3 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (citing Stoltz Mgmt.
cited Cited as authority (rule) Andreason v. Royal Pest Control
Del. · 2013 · confidence medium
Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del.2013).
discussed Cited "see" Jason v. State
Del. Super. Ct. · 2023 · signal: see · confidence high
Dec. 30, 2019). 50 Johnson v. Chrysler Corp., 213 A.2d 64, 66 (Del. 1965); see Christiana Care Health Servs. v. Davis, 127 A.3d 391, 394 (Del. 2015). 51 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (citations omitted). 52 Elzufon v. Lewis, 2023 WL 152235 , at *4 (Del.
discussed Cited "see" Zakaria v. Christiana Care Health Services
Del. Super. Ct. · 2021 · signal: see · confidence high
STANDARD OF REVIEW On an appeal from a Board decision, the Superior Court does not “weigh the evidence, determine questions of credibility, and make its own factual findings and conclusions.”1 Those functions are exclusively held by the Board.2 In considering an appeal from the Board, this Court’s review is limited to correcting errors of law and a determination of whether substantial evidence3 in the record supports the Board’s decision.4 “Absent an abuse of discretion or an error of law, a Board decision that is supported by substantial evidence will not be overturned by the Court.…
discussed Cited "see" Brown v. RCD Timber Products, Inc.
Del. Super. Ct. · 2020 · signal: see · confidence high
On an appeal from a Board decision, the Superior Court does not “weigh the evidence, determine questions of credibility, and make its own factual findings and conclusions.”'® Those functions are exclusively held by the Board.'’ In considering an appeal from the Board, this Court’s review is limited to correcting errors of law and a determination of whether substantial evidence!® in the record 13 Order at 46. '4 Td, at 36-37. '5 This case was assigned in late February 2020; review was limited due to COVID-19. 16 Johnson v. Chrysler Corp., 213 A.2d 64, 66 (Del. 1965); see Christiana Ca…
discussed Cited "see, e.g." Mendoza v. Talarico Building Services, Inc.
Del. Super. Ct. · 2023 · signal: see also · confidence medium
July 28, 2020) (“Accordingly, the IAB’s inquiry was governed . . . by the Workers’ Compensation Act, which requires employers to pay for reasonable and necessary medical ‘services, medicine and supplies’ causally connected with an employee's compensable workplace injury.”). 43 Johnson v. Chrysler Corp., 213 A.2d 64, 66 (Del. 1965); see also Christiana Care Health Servs. v. Davis, 127 A.3d 391, 394 (Del. 2015). 44 Noel-Liszkiewicz v. La-Z-Boy, 68 A.3d 188, 191 (Del. 2013) (citations omitted). 45 Elzufon v. Lewis, 2023 WL 152235 (Del.
Retrieving the full opinion text from the archive…
Holly NOEL-LISZKIEWICZ, Below-Appellant
v.
LA-Z-BOY, Employer Below-Appellee
No. 587, 2012.
Supreme Court of Delaware.
Feb 12, 2013.
68 A.3d 188
2013 WL 519603
2013 Del. LEXIS 75
Holly Noel-Liszkiewicz, pro se., Cassandra F. Roberts, Esquire and William E. Gamgort, Esquire, Young, Cona-way, Stargatt & Taylor, LLP, Wilmington, Delaware, for appellee.
Berger, Holland, Steele.
Cited by 36 opinions  |  Published
HOLLAND, Justice.

The appellant, Holly Noel-Liszkiewicz (“Noel-Liszkiewicz”), filed this appeal from a final judgment of the Superior Court, dated October 3, 2012, which affirmed a decision of the Industrial Accident Board (the “Board”) denying her claim for worker’s compensation benefits. The appellee, La-Z-Boy, has filed a motion to affirm the Superior Court’s judgment on the ground that it is manifest on the face of Noel-Liszkiewicz’s opening brief that her appeal is without merit. We agree and affirm.

Facts

Noel-Liszkiewicz worked as a customer service representative for La-Z-Boy at its New Castle facility from July 2007 until November 2008, when she was laid-off. Almost two years later, in September 2010, Noel-Liszkiewicz filed a petition with the Board, seeking compensation for occupational asthma, pulmonary fibrosis, and respiratory failure, which manifested on or about October 1, 2008, allegedly caused by exposure to chemicals at La-Z-Boy’s facility. La-Z-Boy denied that Noel-Lisz-kiewicz suffered any illness or injury that was causally related to her work at its New Castle facility.

The Board held a hearing on Noel-Lisz-kiewicz’s petition on August 9, 2011. Noel-Liszkiewicz testified that she began working for La-Z-Boy in July 2007 as a customer service representative. The facility where she worked had an office area surrounded by concrete walls that contained cubicles for the customer service employees, as well as a separate but adjacent workshop where furniture repairs, including sanding and shellacking, were done. Noel-Liszkiewicz testified that her work area was dirty and the fumes from the repair shop were always noticeable. She testified that she experienced symptoms such as burning eyes, coughing, fatigue, and headaches throughout the time she worked at La-Z-Boy.[1] She recalled complaining to management about the fumes in the office until exhaust fans were finally installed in the shop area in October 2008.

Noel-Liszkiewicz testified that she initially used over-the-counter medications to address her symptoms, but the symptoms worsened over time. She finally went to her family doctor, Dr. Biasotto, in December 2008 because of persistent coughing and shortness of breath. After she was laid off from La-Z-Boy in November 2008, she took a customer service job with a bank in February 2009. Because of her coughing and breathing problems, she ultimately was forced to stop working in April 2010. She has not worked since.

Dr. Biasotto testified at the hearing that he had been Noel-Liszkiewicz’s family doctor for over twenty years. Her health was generally good with the exception that she suffered from chronic hypertension and was overweight. Noel-Liszkiewicz did not visit him at all during the time period that she worked for La-Z-Boy. She went to see Dr. Biasotto in December 2008 and[*190] twice in June 2009. She reported fatigue and swelling in her ankles. Noel-Lisz-kiewicz did not make any complaints at those visits about coughing, shortness of breath, or respiratory issues. She was diagnosed with mild sleep apnea and reduced oxygenation. She was referred to a pulmonologist, Dr. Siddiqui, for treatment of the apnea.

Dr. Siddiqui subsequently diagnosed Noel-Liszkiewicz with interstitial lung disease secondary to chemical exposure. She was placed on respiratory steroid inhalers and bronchodilators. Noel-Liszkiewicz continued to treat with Dr. Biasotto, who later confirmed Dr. Siddiqui’s diagnosis of interstitial lung disease secondary to chemical exposure. Dr. Biasotto testified that Noel-Liszkiewicz’s condition continued to deteriorate and that she had to stop working in April 2010 because of her chronic symptoms. Dr. Biasotto opined at the hearing that Noel-Liszkiewicz had pulmonary fibrosis caused by chemicals she had inhaled at La-Z-Boy’s facility.

Dr. Eliasson testified at the hearing by deposition. He first saw Noel-Liszkiewicz in June 2010 because of complaints of coughing, shortness of breath, and swollen ankles. Noel-Liszkiewicz presented with abnormal lung function and wheezing. Noel-Liszkiewicz provided a history of exposure to chemicals on the job. A chest x-ray showed fibrosis in both lungs. Dr. Eliasson testified that Noel-Liszkiewicz’s prior history of smoking would not explain her current problems. He diagnosed Noel-Liszkiewicz with occupational asthma, pulmonary fibrosis, and respiratory failure, caused by her chemical exposure at La-Z-Boy’s facility. Dr. Eliasson also opined that Noel-Liszkiewicz had been totally and permanently disabled from the first time he saw her in June 2010 through the present.

Dr. Guth, a Board certified industrial hygienist, also testified by deposition on Noel-Liszkiewicz’s behalf. Dr. Guth testified that no actual measurements of chemicals in the La-Z-Boy work environment were available, so he performed a secondary risk assessment by comparing La-Z-Boy to other workplaces where he had measured similar kinds of chemicals and assessed exposures. He opined there were several chemicals used by La-Z-Boy that, alone, could have caused Noel-Lisz-kiewicz’s symptoms. He stated that a mixture of several offending agents could cause more damage at lower concentrations than exposure to just one. Based on his analysis, Dr. Guth opined that there was a causal relationship between Noel-Liszkiewicz’s diagnoses of pulmonary fibrosis and occupational asthma and her exposure to chemicals at La-Z-Boy’s facility.

La-Z-Boy presented the testimony of Brent Russo, the manager of its New Castle facility and Noel-Liszkiewicz’s former boss. He testified that the New Castle facility served mainly as a warehouse and distribution center for new furniture. A small percentage of new furniture removed from storage required some repair prior to shipping to customers. In 2007 and 2008, there were two or three repair technicians on-site to handle those repairs, which sometimes involved the use of spray chemicals in an area that was about 3000 square feet with 28-foot ceilings. Russo testified that Noel-Liszkiewicz was a reliable employee who did not have an absentee problem.

Mark Christopher, La-Z-Boy’s human resources manager, reviewed the history of worker’s compensation claims for the previous fifteen years and did not find any claims related to chemical exposure. He recalled talking to Noel-Liszkiewicz about complaints made by another employee re[*191] garding fumes at the facility. Christopher did not recall Noel-Liszkiewicz ever complaining about conditions in the workplace.

La-Z-Boy also presented the testimony of Dr. Curtis, a medical toxicologist. Dr. Curtis examined Noel-Liszkiewicz and also reviewed her physicians’ reports. Dr. Curtis disagreed with Noel-Liszkiewicz’s experts’ diagnoses after conducting certain tests, which he described as more precise, that contradicted the others’ findings. Dr. Curtis also disagreed with Dr. Eliasson’s findings regarding the toxic agents used at La-Z-Boy’s facility.

Dr. Curtis found the agents that Dr. Eliasson described as harmful to be either present only in amounts incapable of causing harm or to be misunderstood by Dr. Eliasson. Dr. Curtis also testified that Noel-Liszkiewicz’s chronological disease progression did not comport with Dr. Eli-asson’s diagnosis. Dr. Curtis opined that for over two years, diagnostic studies performed on Noel-Liszkiewicz were essentially normal and did not meet the standard for diagnosing occupational asthma or pulmonary fibrosis. He attributed her current abnormal pulmonary function tests to morbid obesity and exposure to tobacco smoke.

Board’s Decision

Following the hearing, the Board issued a thirty-one page opinion denying the petition to determine compensation due. After considering all of the available evidence, the Board concluded that the history and progression of Noel-Liszkiewicz’s symptoms were more consistent with Dr. Curtis’ causation opinion than with the opinion of Noel-Liszkiewicz’s medical experts. Following the denial of reargument, Noel-Liszkiewicz appealed to the Superior Court. After careful review, the Superior Court concluded that it was the Board’s prerogative to resolve credibility questions and to adopt one expert’s valuation over that of another expert. The Superior Court affirmed the Board’s decision on the ground that it was supported by substantial evidence. This appeal followed.

Standard of Review

In reviewing an appeal from a decision of the Board, this Court and the Superior Court must both determine whether the Board’s decision is supported by substantial evidence and is free from legal error.[2] Substantial evidence means “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”[3] It means more than a scintilla but less than a preponderance of the evidence.[4] Weighing the evidence, determining the credibility of witnesses, and resolving any conflicts in the testimony are functions reserved exclusively to the Board.[5] Only when there is no satisfactory proof to support a factual finding of the Board may the Superior Court or this Court overturn that finding.[6]

Issue on Appeal

On appeal, Noel-Liszkiewicz essentially contends that the Board erred in favoring the testimony of Dr. Curtis over the testimony of her experts. She contends that she proved by a preponderance of the[*192] evidence that her occupational disease was caused by her exposure to chemicals when she worked at La-Z-Boy. Noel-Liszkiew-icz asserts that the Board’s decision reflects that it held her to a higher standard of proof. Noel-Liszkiewicz also contends that the Superior Court erred in failing to consider and act upon evidence that she submitted on appeal.

Record Evidence Requires Affirmance

We find no merit to Noel-Lisz-kiewicz’s claims on appeal. After a careful review of the record, it is clear that the Board applied the legally appropriate standard in determining that Noel-Liszkiewicz had not proven by a preponderance of evidence that her respiratory problems were caused by her work environment. The Board cited to specific relevant reasons for accepting the opinion of Dr. Curtis on the issue of causation over the opinion of the other experts. It was within the Board’s authority to conclude that Dr. Curtis was more persuasive based on the substantial evidence in the record. Moreover, we find no error in the Superior Court’s refusal to address Noel-Liszkiew-icz’s additional evidence on appeal because the evidence had not been fairly presented to and considered by the Board in the first instance.[7]

Conclusion

The judgment of the Superior Court is affirmed.

1

Noel-Liszkiewicz also presented two former co-workers as witnesses who confirmed the description of their work area as "dirty” and who also confirmed experiencing similar symptoms.

2

Stoltz Mgmt. Co. v. Consumer Affairs Bd., 616 A.2d 1205, 1208 (Del.1992).

3

Streett v. State, 669 A.2d 9, 11 (Del.1995) (quoting Olney v. Cooch, 425 A.2d 610, 614 (Del.1981)).

4

Breeding v. Contractors-One-Inc., 549 A.2d 1102, 1104 (Del.1988).

6

Johnson v. Chrysler Corp., 213 A.2d 64, 67 (Del.1965).

7

See Del.Super. Ct. Civ. R. 72(g) (appeals from administrative tribunals are to be decided on the basis of the record of the proceedings before the tribunal).