Supreme Court of Delaware

This and That Services Co. Inc. v. Nieves

August 17, 2023

Summary

The Court held that the employer’s utilization-review petition presented a justiciable controversy even though the claimant had not submitted invoices for all disputed treatment and the employer had not separately submitted each month of ongoing treatment to utilization review. The Superior Court’s remand order was final and appealable because it directed the Board to perform only the ministerial act of dismissing the petition. The Court reversed the Superior Court, vacated its attorneys’ fees award, and reinstated the Board’s determination that the ongoing narcotic treatment was unreasonable and unnecessary.