This and That Services Co., Inc. v. Nieves

Opinion

SUPERIOR COURT OF THE

STATE OF DELAWARE

CRAIG A. KARSNITZ 1 The Circle, Suite 2 JUDGE GEORGETOWN, DE 19947

June 19, 2019

Walt F. Schmittinger, Esquire John Ellis, Esquire Candace E. Holmes, Esquire Heckler & Frabizzio Schmittinger & Rodriguez, P.A. 800 Delaware Avenue 414 South State Street Suite 200

P.O. Box 497 Wilmington, DE 19899 Dover, DE 19903

RE: This and That Services Co., Inc. v. Raymond Nieves C.A. No. $18A-10-003 CAK

DECISION ON MOTION FOR REARGUMENT - DENIED Dear Counsel:

By opinion and order dated June 7, 2019, I reversed the decision of the Industrial Accident Board in which the Board determined the issues in the case were moot. I decided they were not. The Board in its order also granted Claimant’s motion in limine to limit any consideration of Claimant’s medical expenses to the period before his surgery in August of 2017.

In my opinion the only substantive comment concerning the motion in limine is it was granted without any supporting rationale. While the rationale may have been selfexplanatory , I did not want to sanction any limit of the evidence presented to the Board. I let that

decision to it.

I agree with Employer’s comment in response to this motion that on remand the Board is to consider “...whether prescriptions for pain medication was reasonable and ’, To me this requires a review of the available medical evidence. The Board

necessary...”. limited and then short circuited its review. A full review of the evidence is needed. The Board

should makes its decision after the review. My decision necessarily overrules the limitations placed upon the parties by the granting of the motion in limine. Hopefully, this makes clear what I thought was apparent.

I have not in this short writing detailed or analyzed the requirements for granting a motion for re-argument as they are well known. The effort seemed superfluous given my original decision and the clarification I provide here.

Very truly yours, Cate

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