Dispute Over Compensability of Surgery Sent Back to IAB

The Delaware Superior Court remanded a dispute over the reasonableness of a worker’s surgery to the Industrial Accident Board. Case: Smith v. Wells Fargo Bank N.A., No. N25A-04-008 SSA, 01/06/2026, published. Facts: Kelly Smith worked for Wells Fargo Bank N.A. She suffered injuries at work in 2023. In August 2024, Smith saw Dr. Mark Eskander, and she underwent X-rays. The images showed 12 degrees and 4 millimeters of instability on flexion and extension. Eskander recommended cervical spine surgery, which he performed in September 2024. Wells Fargo sought utilization review...