Attorney Michael B Galbraith's Legal Cases

Workers compensation

Christiana Care Health Services v. Palomino, 74 A.3d 627 (Del. 2013)

Apr 11, 2013

OUTCOME: Invalidated a 45-day time limit restricting the rights of injured workers to petition the IAB

Successful appeal involving an issue of first impression concerning the validity of a workers’ compensation regulation that established a 45-day time bar that impermissibly restricted the right of inju ... red workers to petition the Industrial Accident Board for payment of outstanding medical expenses that were denied by insurance carriers following a utilization review. The Delaware Supreme Court affirmed the decision of the Superior Court and invalidated the regulation finding that the 45-day limitation conflicts directly with the 5-year statute of limitations and therefore impermissibly abridges claimants’ rights under the Act.

Workers compensation

Poole v. State, 77 A.3d 310 (Del. Super. 2012)

Dec 05, 2012

OUTCOME: Reversed & Remanded

Successful appeal involving an issue of first impression concerning procedural requirements under a 2007 amendment to the Delaware Workers’ Compensation Act which significantly revised the regulation a ... nd payment of medical expenses for injured workers by establishing a “utilization review” system to be used by employers and insurance carriers for disputes over the reasonableness and necessity of medical treatment for acknowledged compensable claims. After a hearing on the merits, the Industrial Accident Board found that the claimant had suffered a work-related injury and that his medical expenses were reasonable and necessary, but then allowed the employer to submit the medical expenses for utilization review. The Superior Court reversed, finding that the Board erred in allowing the employer to make an additional challenge to medical treatment that had already determined to be reasonable and necessary following a hearing. The Court held that the Board in disputed injury cases retains the sole authority to determine reasonable and necessary medical expenses and may not refer that issue for utilization review.

Personal injury

O’Neal v. State Farm Mut. Auto. Ins. Co., 977 A.2d 326 (Del. 2009)

Jul 23, 2009

OUTCOME: Reversed & Remanded

Successful appeal involving an issue of first impression in a declaratory judgment action for wrongful death and personal injury protection benefits. The Delaware Supreme Court reversed the Superior C ... ourt’s grant of summary judgment, finding that the trial judge erred in determining as a matter of law that State Farm was not obligated to provide insurance coverage.

Michael B Galbraith's Legal Cases (3)

Christiana Care Health Services v. Palomino, 74 A.3d 627 (Del. 2013)

Poole v. State, 77 A.3d 310 (Del. Super. 2012)

O’Neal v. State Farm Mut. Auto. Ins. Co., 977 A.2d 326 (Del. 2009)