Supreme Court of Delaware

Sheppard v. Allen Family Foods

June 23, 2022

Summary

The Court affirmed the Superior Court's judgment upholding the Industrial Accident Board's decision to terminate compensation for Sheppard's narcotic pain medications after a weaning period. The Court held that the employer could challenge the causal relationship between Sheppard's current treatment and her work injury through a petition for review, despite a prior permanent-impairment award, earlier utilization review, and continued payment of treatment expenses. The Court concluded that the employer had a good-faith basis for its causation challenge and that the Board's findings were supported by substantial evidence and free from legal error.