Delaware Court Affirms Denial of Seventh Back Surgery, Finding Prior Non-Compensable Procedure Broke Chain of Causation

The claimant had suffered a compensable work injury to his low back in 2004. As a result, he underwent five compensable low back surgeries, all performed by Dr. Kalamchi. In 2020, Dr. Zaslavsky performed the claimant’s sixth low back surgery, which was found not to be reasonable and necessary based, in part, on Dr. Kalamchi’s testimony that further fusion surgery verged on reckless behavior. 

The decision to deny the 2020 surgery (sixth surgery) was not appealed. 

Despite denial of the sixth surgery, the claimant filed a petition seeking a determination of compensability for a seventh surgery, the purpose of which was to remove the hardware placed during the sixth surgery. 

Perhaps not surprisingly, the Industrial Accident Board denied compensability of the seventh surgery, holding that, because the 2020 surgery was found non-compensable, it constituted an intervening event that broke the chain of causation to the 2004 injury. 

The claimant appealed denial of the seventh surgery, arguing that the Board erred when it concluded that the sixth surgery constituted an intervening event that broke the chain of causation from the original work injury. 

The Superior Court of the State of Delaware disagreed and affirmed the Board’s decision, holding that the decision was free from legal error and supported by substantial evidence in the form of testimony from Dr. Townsend, a board-certified neurologist who testified on behalf of the employer. 

_{What’s Hot in Workers’ Comp, Vol. 29, No. 11. November 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}