State News : Delaware

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.


NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  


Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.


Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.


Delaware

HECKLER & FRABIZZIO

  302-573-4806

Claimant was involved in a compensable work accident in 2019 injuries to multiple body parts, including the low back. In 2021, the Claimant filed a Petition to Determine Additional Compensation Due seeking payment for lumbar spine Platelet-Rich Plasma (“PRP”) injections.
Claimant called Dr. Grossinger in support of his position. Dr. Grossinger suggested that PRP was appropriate to consider given the failure of various other conservative modalities. As part of his testimony, Dr. Grossinger stated commentary made by Dr. Rudin in the medical records that PRP is a fraction of the cost of lumbar surgery, with quicker recovery, and that the vast majority of Dr. Rudin’s PRP patients improve and do not go on to have surgery.
Employer’s medical expert, Dr. Gelman, alleged that PRP injections are an “investigational” procedure with unproven efficacy and not part of the Delaware Practice Guidelines. Dr. Gelman further stated that PRP was not FDA approved and there were no high-level studies to prove PRP is effective.
The Board found in favor of the Employer. The Board noted that Dr. Grossinger is not an orthopedist and has no experience with PRP injections to the spine. The Board agreed with Dr. Gelman that while some reputable medical facilities are conducting PRP treatment, there are no high-level studies to prove its effectiveness. With that, the Board indicated that the Claimant failed to meet his burden to prove PRP was reasonable and necessary to his low back treatment.
Should you have any questions regarding this Decision, please contact John W. Morgan, or any other attorney in our Workers’ Compensation Department.
Matthew Bryant v. Marjam Supply Co., Inc., IAB Hrg. No. 1481980 (Sept. 28, 2021).