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Wyatt v. Rescare Home Care

Wyatt v. Rescare Home Care, 2013 WL 6097901, --- A.3d --- (Del. Nov. 20, 2013).

The Delaware Supreme Court holds that medical treatment performed by a non-certified medical provider, which is not preauthorized, is not compensable under the Delaware workers' compensation statute. This case overrules the holding of Vanvliet v. D&B Transp., 2012 WL 5964392 (Del. Super.).


Jose Luna v. Turf Pro, Inc.

Jose Luna v. Turf Pro, Inc., IAB Hearing No. 1368492 (October 4, 2011) (Order)

Employer filed a motion to dismiss Claimant's Petition to Determine Compensation Due, filed on May 27, 2011, on the basis that the Petition alleged a May 13, 2009 work injury and was barred by the applicable two-year statute of limitations set forth in 19 Del. C. § 2344. Claimant argued that Employer had already made payments with respect to the claimed injury and the five-year statute of limitations set forth in 19 Del. C. § 2361(b) should apply.

Gilliard Belfast v. Wendy's, Inc.

Gilliard Belfast v. Wendy's, Inc., 754 A.2d 251 (Del. 2000)

The Supreme Court held that the IAB's decision to deny claimant, who was ordered by her treating physician not to work prior to a compensable second operation, compensation for total disability while she waited for second operation was contrary to law. In addition, the Court held that a claimant who can only resume some form of employment by disobeying the orders of his treating physician is totally disabled, at least temporarily, regardless of his capabilities.


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