Slingwine v. Industrial Accident Board

560 A.2d 998, 1989 Del. LEXIS 163
CourtSupreme Court of Delaware
DecidedMay 4, 1989
StatusPublished
Cited by4 cases

This text of 560 A.2d 998 (Slingwine v. Industrial Accident Board) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slingwine v. Industrial Accident Board, 560 A.2d 998, 1989 Del. LEXIS 163 (Del. 1989).

Opinion

MOORE, Justice.

Deloris Slingwine appeals a decision of the Superior Court denying a writ of prohibition against enforcement by the Industrial Accident Board (the “Board”) of an order that Slingwine submit to certain medical tests. We consider today the meaning of the term “examination” under 19 Del. C. *999 § 2343. The insurer for Slingwine’s employer requested that she submit to X-rays and other imaging tests, as well as nerve and muscle conduction studies. Slingwine refused and petitioned the Board for a ruling. The Board upheld the insurer’s request and ordered Slingwine to submit to the tests. The Superior Court denied the writ of prohibition and concluded that the Board’s decision holding that the term “examination” includes such tests, was not beyond the power of the Board. We agree. The plain meaning of “examination” includes all tests reasonably required to make a proper diagnosis, but which are not cumulative in effect, unnecessary or excessively invasive. Accordingly, the judgment of the Superior Court, denying the writ of prohibition, will be affirmed.

I.

On April 4, 1986 plaintiff Slingwine, while employed by Kaumagraph Corporation, suffered a work-related injury. Kau-magraph’s workmen’s compensation insurer began paying temporary-total disability benefits as required by 19 Del.C. § 2324. Thereafter, on September 4,1986 the insurer filed a petition for Review of a Compensation Agreement, alleging that Slingwine was no longer totally disabled. In conjunction with the petition, the insurer arranged for Dr. Joseph M. Barsky, Jr., M.D., to examine Slingwine as permitted under 19 Del. C. § 2343(a). After an initial examination Dr. Barsky requested that Slingwine submit to additional medical tests, including X-rays of the cervical spine, an electro-myograph nerve conduction study, a skull X-ray, an electroencephalogram and a lumbar CAT scan. Slingwine refused to undergo the examinations and petitioned the Board for a legal hearing to decide whether she was required to submit to the tests.

On her own behalf Slingwine submitted the report of her personal physician stating that the tests were unreasonable and unnecessary and that the X-rays would expose Slingwine to excessive radiation. Nevertheless, the Board held that § 2343 permits all reasonable tests conducted to determine the extent of the worker’s injury.

Slingwine filed a writ of prohibition in the Superior Court, alleging that the Industrial Accident Board had exceeded its powers and jurisdiction in allowing the medical tests to proceed. The Superior Court denied the writ, holding that § 2343 allows such physical examinations. Slingwine appeals that decision, arguing that the plain meaning of the statute limits “examinations” to superficial investigations.

II.

Since the procedural posture of this case involves an appeal from the denial of a writ of prohibition by the Superior Court, our review is of a question of law and is, therefore, de novo. Fiduciary Trust Co. v. Fiduciary Trust Co., Del.Supr., 445 A.2d 927, 930 (1982). Thus, the merits of the Board’s decision are not before us on appeal.

Both to determine the extent of an injury and to monitor the progress of an injured employee, the Workmen’s Compensation Law permits an employer or the Board to require the employee to submit to a medical examination:

(a) After an injury, and during the period of resulting disability, the employee, if so requested by his employer or ordered by the Board, shall submit himself for examination at reasonable times and places and as often as reasonably requested to a physician legally authorized to practice his profession under the laws of such place, who shall be selected and paid by the employer. If the employee requests, he shall be entitled to have a physician, qualified as specified in this section of his own selection, to be paid by him, present to participate in such examination. For all examinations after' the first, the employer shall pay the reasonable traveling expenses and loss of wages incurred by the employee in order to submit to such examination.
(b) The refusal of the employee to submit to the examination required by subsection (a) of this section or his obstruction of such examination shall deprive him of the right to compensation under this chapter during the continuance of *1000 such refusal or obstruction and the period of such refusal or obstruction shall be deducted from the period during which compensation would otherwise be payable.
(c) No fact communicated to or otherwise learned by any physician or surgeon who has attended or examined the employee or who has been present at any examination shall be privileged either in the hearings provided for in this chapter or in any action at law.

19 Del. C. § 2343 (1985).

Slingwine’s primary argument is that the term “examination” as used in § 2343 refers only to an inspection, either visually or by use of other senses, and that the use of imaging techniques and invasive procedures is not permitted under the statute. Slingwine contends that her interpretation of the term “examination” is its “plain meaning”, and that absent an ambiguity, a statute must be construed according to its plain or ordinary meaning. See 2A Sutherland, Statutes and Statutory Construction, § 46.01 (4th ed. 1984); Trans-Americas Airlines, Inc. v. Kenton, Del.Supr., 491 A.2d 1139 (1985).

Slingwine’s argument fails for two reasons. First, the plain or ordinary meaning of a word does not necessarily equate to its dictionary definition. As in this situation, the term “examination” in its common medical usage is not limited to what the human senses can discover. For example, persons who undergo a routine physical examination may submit to X-rays, blood tests and other clearly invasive procedures. Yet, these are part of what is commonly termed an “examination”. Indeed, even the interpretation sections of the Delaware Code recognize that certain “technical” words have acquired “peculiar and appropriate meanings in the law.” 1 Del.C. § 303. 1 Clearly, in the context of 19 Del. C. § 2343 the term “examination” is such a technical word.

However, even if we accept Slingwine’s argument that the plain meaning of examination does not include imaging techniques or other physical procedures, we are not bound by that definition if it is inconsistent with the general intent of the Workmen’s Compensation Statute. Cf. Home Insurance Co. v. Maldonado, Del.Supr., 515 A.2d 690 (1986); Burpulis v. Director of Revenue, Del.Supr., 498 A.2d 1082 (1985); Oney v. State, Del.Supr., 446 A.2d 389 (1982).

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560 A.2d 998, 1989 Del. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slingwine-v-industrial-accident-board-del-1989.