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CHRISTIANA CARE HEALTH SERVICES v. PALOMINO

Nos. 56, 2012, 62, 2012, 63, 2012.

74 A.3d 627 (2013)

CHRISTIANA CARE HEALTH SERVICES, Appellee-Below/Appellant, v. Cecil PALOMINO, Appellant-Below/Appellee. Timber Products, Appellee-Below/Appellant, v. Salvador Avila-Hernandez, Appellant-Below/Appellee. Berger Brothers, Appellee-Below/Appellant, v. Julio Munoz, Appellant-Below/Appellee.

Supreme Court of Delaware.

Decided: April 11, 2013.

Attorney(s) appearing for the Case

Amy M. Taylor, Esquire (argued), Maria P. Newill, Esquire (argued), Heckler & Frabizzio, Wilmington, Delaware, for Appellant Christiana Care Health Services.

Andrew J. Carmine, Esquire , Elzufon Austin Reardon Tarlov & Mondell, Wilmington, Delaware, for Appellant Timber Products.

Luciana M. Gorum, Esquire , Chrissinger & Baumberger, Wilmington, Delaware for Appellant Berger Brothers.

Gary S. Nitsche, Esquire , and Michael B. Galbraith, Esquire (argued), Weik Nitsche & Dougherty, Wilmington, Delaware for Appellees Cecil Palomino, Salvador Avila-Hernandez, and Julio Munoz.

Ralph K. Durstein III, Esquire , and Edward K. Black, Esquire , Delaware Department of Justice, Wilmington, Delaware, for amicus curiae, Delaware Department of Labor.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice, for the majority.

Cecil Palomino, Salvador Avila-Hernandez and Julio Munoz ("Claimants") were each injured in different work-related accidents. It is not disputed that their injuries are compensable under the Worker's Compensation Act and that payments of some worker's compensation have been made. After their doctors recommended certain treatments, their employers requested determinations of whether the treatment plans fell outside of the Health...

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