Christiana Care Health Services, Appellee-Below/appellant v. Cecil Palomino, Appellant-Below/appel — Berger, J…

Summary

Justice Berger, joined by Chief Justice Steele, dissented from the majority's conclusion that the 45-day deadline for seeking review of a utilization-review decision was invalid because it conflicted with the five-year workers' compensation statute of limitations. The dissent reasoned that the utilization-review process concerns prompt resolution of already-acknowledged compensable treatment disputes and that the five-year period governs submission of the underlying claim, not appeals from utilization-review decisions. The dissent would have reversed the Superior Court decision.