Zayas v. Delaware
Annotate this CaseClaimant Christina Zayas, a paratransit bus driver, sued her employer, DART/State of Delaware (“Employer”), for injuries she sustained in a 2016 work incident where a passenger physically assaulted her (the “Incident”). In 2019, Zayas underwent left shoulder arthroscopic surgery performed by Dr. Evan Crain (“Dr. Crain”). After the surgery, Zayas was placed on total disability from May 2019 through October 2019. Zayas filed Petitions to Determine Additional Compensation Due relating to the Incident. Specifically, she sought payment of medical expenses, total disability benefits, and acknowledgement of the compensability of the surgery Dr. Crain performed in 2019. Zayas’ hearing was scheduled for November 2019. Prior to the Hearing, the parties stipulated that the limited issue in dispute was whether the May 2019 surgery was causally related to the Incident. The Board held that Zayas failed to meet her burden of proof that the surgery in 2019 was causally related to the Incident. Notably, although the Board had excluded them, the Board stated in its Decision that Medical Records by Zayas' physician were admissible. A review of the record indicated the Medical Records were never admitted into evidence; and the Superior Court did not consider this inconsistency, or the issues Zayas had raised regarding the medical testimony and records. Nevertheless, the Superior Court affirmed the Board’s decision and found that substantial evidence existed to support the Board’s legal conclusions. On appeal, Zayas again argued the Board erred by not admitting her Medical Records and that it abused its discretion by admitting the Employer's expert's deposition testimony during the Hearing. The Delaware Supreme Court concluded that because Dr. Tadduni, the Employer's expert, refused to answer relevant questions, Zayas was deprived of the opportunity to elicit relevant information. "In essence, Dr. Tadduni unilaterally determined that he would not answer questions concerning Dr. Cary’s treatment of Zayas. In admitting Dr. Tadduni’s testimony, and simultaneously excluding the Medical Records, the Board’s actions prevented Zayas from adequately presenting her case, violated fundamental notions of fairness, and thereby abused its discretion." As a result, the Supreme Court reversed and remanded the Superior Court's judgment, and remanded for further proceedings.
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