United Parcel Service v. Ashley A. Smith

Summary

The Delaware Supreme Court affirmed the Superior Court’s judgment upholding an Industrial Accident Board decision and subsequent order awarding Ashley A. Smith additional workers’ compensation benefits. The Court held that the Board’s finding that Smith’s surgeries resulted from her February 3, 2022 work accident was supported by substantial evidence and that UPS had an opportunity to cross-examine the medical witness regarding inconsistent testimony. The Court also held that the Board acted within its authority to reconsider and correct its legal error concerning Smith’s temporary total disability status.

Holdings

1. The Board did not impermissibly alter the record. Its finding that the alleged February 2023 accident did not occur and that Smith's surgeries were causally related to the February 3, 2022 work accident was supported by substantial evidence.
2. UPS was not denied the opportunity to cross-examine Dr. Eskander because UPS was represented by counsel at his deposition and could have questioned him about the inconsistencies in his testimony.
3. The Board acted within its authority when it reopened and reconsidered its prior determination that Smith's total-disability status ended in December 2023.
4. Under Gilliard-Belfast, Smith was deemed temporarily totally disabled during the period her treating physician instructed her not to return to work, regardless of her actual physical condition or ability to perform some work.

Questions Presented

1. Whether the Industrial Accident Board improperly altered or rewrote a physician's testimony, made factual findings unsupported by the record, or denied UPS an opportunity to cross-examine the physician.
2. Whether the Industrial Accident Board acted within its authority when it reopened and reconsidered its prior determination that Smith's total-disability status ended in December 2023.
3. Whether the Board correctly applied the rule that a claimant instructed by a treating physician not to work is temporarily totally disabled regardless of the claimant's actual physical capabilities.

Disposition

affirmed