9 results for 'judge:"LeGrow"'.
J. LeGrow finds that the lower court improperly exercised jurisdiction to stay the implementation of the Medicare Advantage Plan because the adoption of a new health plan by an employee benefits committee for state retirees did not constitute a regulation as defined in Delaware's Administrative Procedures Act. Thus, the cross-appeal seeking attorney fees should be dismissed as moot.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: April 12, 2024, Case #: 178, 230, Categories: Administrative Law, Medicare, Attorney Fees
J. LeGrow finds that an orthopaedic practice did not establish standing to challenge the denial of workers' compensation because the insurer discontinued use of a billing code that allegedly violated state workers' compensation law. The trial court both improperly applied the mootness doctrine and held that the practice established injury due to the insurer's failure to correct 19 claim denials. However, declaratory judgment would not provide retrospective relief.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: January 8, 2024, Case #: 27, 2023, Categories: Civil Procedure, Insurance, Workers' Compensation
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J. LeGrow finds that defendants should not suffer collateral consequences after receiving unconditional pardons if defendants are released from custody after filing timely postconviction motions. The trial court improperly dismissed postconviction claims as moot moot because the collateral consequences of defendant's new conviction operate in the same manner as for a first-time felon. Reversed.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: October 9, 2023, Case #: 112, 2021, Categories: Criminal Procedure, Due Process
J. LeGrow finds that an employer or its workers' compensation insurance carrier may place a lien on benefits procured by an employee through other sources. In overturning the decision in "Simendinger v. National Union Fire Insurance," the decision holds that the workers' compensation act expressly allows subrogation liens against benefits paid under the employer's uninsured motorist policy.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: September 1, 2023, Case #: 172, 2022, Categories: Insurance
J. LeGrow finds that the trial court improperly overturned the accident board's decision by focusing on the employer's failure to submit invoices for utilization review because ongoing narcotics treatment an employee received for a back injury after June 2017 was unnecessary and thus uncompensable under the workers' compensation act. Reversed.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: August 17, 2023, Case #: 441, 2022, Categories: Workers' Compensation