The Blind Side: More On That Delaware Doctor "Fine" Case

By Cassandra Roberts, Young Conaway Stargatt & Taylor 

I recently reported on Thurmon Shelton v. Allen Family Foods, IAB# 1335120 (2/12/10), in which the Delaware IAB assessed the first fine against a physician for failure to complete disability forms required by 19 Del. Code Section 2322E(b).  I have since determined that there is a Motion for Re-Argument pending on that issue.  Moreover, the facts of the case germane to the doctor's conduct in not completing disability forms are a little more interesting on the issue of culpability.

Dr. Scott Schulze, was not aware that this was a workers' compensation case. The claimant had been fired by Allen Family Foods when he presented to Dr. Schulze so work capability status was not an issue of paramount importance.  Better yet, the claimant submitted private health insurance information to Dr. Schulze and that is how the surgery bills were addressed.  

Thus, the doctor's trigger to comply with workers' compensation procedures does not seem as obvious as it did at first blush.

19 Del. C. Section 2322F(g) indicates that the Board shall fine the health care provider if they neglect their responsibilities under the Act, but only following a hearing.  Is that a hearing on the issue of the violation, in which they participate and have a right to be heard?

Remains to be seen how this will be handled by our IAB.

A workers' comp law blog by Cassandra Roberts