Refried Beans – Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline

In my post of 1/10/12 titled  "A new Spin on Mexican take-out: Delaware Superior Court strikes 45 day UR appeal period as invalid",  I alerted y'all to the ruling by Judge Streett on January 6, 2012, representing a consolidation of three cases: Salvador Avila-Hernandez v. Timber Products, Cecil Palomino v. Christiana Care Health Services, and Julio Munoz v. Berger Bros., C. A. No. N10A-06-002 (Del.) (January 6, 2012) [Consolidated].  Attorneys involved in this case include Gary Nitsche, Mike Galbraith, Andy Carmine, Amy Taylor, Nancy Chrissinger Cobb and Luciana Gorum.  Talk about the best of the best.......

Minutes ago I heard from Amy Taylor with an update:

"Don't know that this is "blog worthy" yet, but just wanted to give you a heads up that the Delaware Supreme Court just granted the employers' requests to appeal the UR statute of limitations cases to the Delaware Supreme Court.  As I'm sure you know, the Superior Court's decision invalidating the 45 day deadline and imposing the 5 year statute of limitations was interlocutory, as it reversed and remanded all three cases back to the IAB.  Therefore, all three employers filed applications for certification to the Supreme Court under Supreme Court Rule 42.  The Court announced today that it would accept the appeals (consolidated). (Click to read the Order of the Delaware Supreme Court).

Sooooo, there's still a lot of work left to be done before we get a final decision one way or the other, but the point is that it's NOT YET a final decision."

I don't know about you, but I haven't been this excited since we found out that Watson v. Wal-Mart was going up to the high court.  I think we can all breathe a sigh of relief that (hopefully) the concept of a 5 year appeal deadline for Utilization Review is about to take a flying leap off the old acantilado.......And understanding that the Court was bound by the rules of statutory construction, there was nonetheless something about Judge Streett's recent ruling that was just so.....wrong (hence making it a perfect adjunct to the whole UR system).

My parting thought?
"Errando se aprende a herrar"........ By trial and error we learn.

Stay tuned for the continuing saga......and thank you, Amy, for the update!

Tuyo irreverente,
Cassandra Roberts

Delaware Detour & Frolic   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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