Streett v. State

669 A.2d 9, 1995 WL 493077
CourtSupreme Court of Delaware
DecidedOctober 5, 1995
Docket441,1994
StatusPublished
Cited by20 cases

This text of 669 A.2d 9 (Streett v. State) 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
Streett v. State, 669 A.2d 9, 1995 WL 493077 (Del. 1995).

Opinion

BERGER, Justice:

In this appeal, Diane Clarke Streett (“Streett”) seeks the reinstatement of workers’ compensation benefits awarded by the Industrial Accident Board (the “Board”). The Superior Court reversed the Board, finding that Streett had not been incapacitated for three days as required by 19 Del.C. § 2321. Streett argues that the Superior Court erred, both in its factual finding about the duration of her disability and in its interpretation of the relevant statute. For the reasons stated below, we hold that: (i) there was substantial evidence to support the Board’s factual finding that Streett was incapacitated for one week; and (ii) an employee’s scheduled vacation days may be counted toward the three-day statutory waiting period. Accordingly, we reverse the decision of the Superior Court.

I. FACTS

Streett is an attorney employed by the Public Defender’s Office. On December 24, 1991, she went to Gander Hill Prison to meet with a client. As she sat down in a chair in the interview room, the chair broke and Streett fell to the floor. The fall aggravated prior injuries to Streett’s shoulder, neck and back. Streett was in too much pain to continue her day’s activities and she left work in the early afternoon. She did not return to work until January 3, 1992, because she had scheduled a vacation during the week between the Christmas and New Year’s holidays.

On the day of the accident, Streett tried to contact her osteopath, but the doctor was not available. She did not seek any other medical attention until after the holidays. On January 8, 1992, Streett was examined by her chiropractor, Dr. Suzanne Kloud (“Kloud”), who found that the accident had exacerbated Streett’s prior neck and back injuries and had caused independent injury *11 to her left side and hip. Kloud recommended active chiropractic treatments and physical therapy. Streett followed that course of treatment until June, 1992.

Approximately six months later, Streett filed a petition for workers’ compensation benefits. At the Board hearing, Streett testified that, had she not been on vacation at the time, she would have been forced to stay home for at least one week following her accident. Streett explained that her job involves a great deal of activity. She is on her feet for many hours of each day while in trial and makes numerous trips back and forth to meet with clients, either in the courthouse lock-up or in Gander Hill Prison. Streett offered support for her disability assessment by noting that when she returned to work after slightly more than a week, she suffered considerable pain and had trouble lifting and carrying her files.

Medical evidence was presented to the Board by deposition. Kloud described Streett’s injuries and opined that, in all probability, those injuries would have prevented Streett from working for at least three days. The State offered the medical opinion of Dr. Daniel Gross (“Gross”), an orthopedic surgeon, who testified that Streett’s injuries would have disabled her for only a couple of days.

The Board found that Streett was incapacitated for a week and that her injuries necessitated six months of medical treatment. Since the State had voluntarily agreed to pay all of Streett’s medical expenses, however, the Board awarded Streett only medical witness fees and attorney’s fees. The Superior Court reversed the Board’s decision. The court held that the Board’s finding with respect to the duration of Streett’s incapacitation was not supported by competent evidence and that Streett was incapacitated for only three days at most. Since two of those three days were days on which Streett was not scheduled to work (Christmas Day and a scheduled vacation day), the court concluded that Streett had not satisfied the three-day waiting requirement of 19 Del.C. § 2321. 1

II. DURATION OF INCAPACITATION

Streett argues that the Superior Court improperly substituted its own factual findings for those made by the Board when the court concluded, “[t]he record clearly shows that the claimant was incapacitated for at most three days and this Court so finds.” State v. Streett, Del.Super., C.A. No. 94A-04-022, Slip. Op. At 5, Barron, J., 1994 WL 682441*2 (November 8, 1994) (Order). The State responds that the Superior Court correctly disregarded Streett’s testimony that she was incapacitated for “[ajbout a week,” because, as a non-expert, she was not competent to testify as to the extent of her disability.

Appellate courts review factual findings by the Board to determine whether they are supported by substantial evidence. State v. Cephas, Del.Supr., 687 A.2d 20 (1994). Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Olney v. Cooch, Del.Supr., 425 A.2d 610, 614 (1981). “Only where there is no satisfactory proof in support of a factual finding of the Board may the Superior Court, or this Court for that matter, overturn it.” Johnson v. Chrysler Carp., 59 Del. 48, 213 A.2d 64, 67 (1965).

The claimant has the burden of establishing a work-related injury and the extent of the injury. McCormick Transp. Co. v. Barone, 47 Del. 202, 89 A.2d 160 (1952). Generally, medical evidence must be presented to support the employee’s claim. Where the claimant’s injury is internal, for example, medical evidence is “essential in order to properly determine that an injury in fact has occurred and the extent of such injury.” Id. 89 A.2d at 163. However, medical evidence is not the only evidence the Board may rely upon in making its factual determinations with respect to the claimant’s injury. In General Motors Corporation v. Freeman, 53 Del. 74, 164 A.2d 686 (1960), the employer disputed the employee’s claim that his eye *12 injury was caused by an accident at work. The medical evidence on causation was “weak and uncertain,” but the Board found in the employee’s favor. Id. 164 A.2d at 689. In evaluating whether the Board’s finding was supported by substantial evidence, this Court noted the employee’s testimony as to the onset of his vision problems and the absence of any similar problems prior to the accident at work. That lay evidence, combined with the marginal expert medical evidence, was held sufficient to sustain the Board’s decision.

In the present case, both the existence of an injury and its causation were established by undisputed medical evidence. Kloud and Gross agreed that Streett’s fall at Gander Hill Prison aggravated pre-existing injuries to Streett’s neck and back. Neither doctor had examined Streett immediately after her accident, but both offered opinions as to how long Streett would have been incapacitated by her injuries.

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Bluebook (online)
669 A.2d 9, 1995 WL 493077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/streett-v-state-del-1995.