Wyatt v. Rescare Home


Oral Argument
10/23/13 – 10/23/13

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Amanda Wyatt injured her low back while working for Rescare Home Care on December 15, 2010. On June 10, 2011, Ms. Wyatt filed a Petition to Determine Compensation Due with the Industrial Accident Board of the State of Delaware Sitting in Milford Delaware seeking a determination that her injury is a compensable industrial accident. Rescare denied that Ms. Wyatt’s injury was work-related. On February 3, 2012, the Board issued its decision on Ms. Wyatt's petition granting her petition as to the compensability of her low back injury and as to payment of medical bills and total disability benefits. On March 6, 2013, Judge E. Scott Bradley of the Superior Court of Delaware in and for Sussex County held that there was insufficient medical testimony upon which the Board could base its decision that Ms. Wyatt had suffered a compensable work injury. In this oral argument before the Delaware Supreme Court, the attorney representing Ms. Wyatt sought to reverse the decision of the lower court and hold that there was sufficient evidence to support the Board’s finding that Ms. Wyatt suffered a compensable back injury.


The judgment of the Superior Court was reversed. The judgment of the Board was affirmed in part and reversed in part as to the compensability of the Claimant’s “other medical expenses.” Only the expenses related to the Claimant’s first visit to Dr. Venkataramana are compensable pursuant to section 2322D(b) and the other sections in the entire statutory scheme. This
matter is remanded for further proceeding.


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