Judge overturns denial of worker’s petition for psych injury

The Delaware Superior Court on Thursday overturned the denial of a worker’s petition for additional compensation due to a psychological injury, stating that the evidence relied on testimony from an unqualified doctor.

A 21-year worker for Kent County injured his back in 2010 while lifting a heavy access cover and was initially misdiagnosed, with three years passing before he had extensive surgery that affected several nerves, according to No. N24A-12-001 SSA.

In 2023, the worker filed a petition seeking additional compensation, asserting that he had suffered a recurrence of total disability due to a psychological injury. The Industrial Accident Board denied the petition.

The Delaware Superior Court said the board’s decision could not stand because the board relied on testimony from an orthopedic surgeon regarding the alleged psychological disorders, and that such an assessment was outside the scope of the doctor’s expertise.

The court said the board also misstated the testimony of the worker’s treating psychologist in saying there had been no change in Lankford’s mental condition when the psychologist had specifically said he “has gotten worse and has deteriorated.”

Thus, the court said in remanding the case, the board’s findings as to the psychologist’s opinion were not supported by his testimony and were not based on substantial evidence.

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