Delaware Detour and Frolic

Delaware Detour and Frolic
A workers' comp law blog by Cassandra Roberts 

ABOUT ME I am a newcomer to the Larson's National Workers' Compensation Advisory Board, but a seasoned workers' compensation practitioner from "The First State." Delaware born and bred, I have been practicing in the workers' compensation arena more than half my life now, with almost 27 years in private practice. The senior workers' compensation partner in the law firm of Young Conaway Stargatt & Taylor, LLP, I represent both employers and carriers in defense before the Delaware Industrial Accident Board and also appear for injured workers on a consistent basis. I enjoy having a mixed bag of challenges and find that switching it up provides me with a balanced perception of how the workers' compensation laws of our state impact both the injured worker and the insurance industry. The best thing about a specialized practice in a small collegial state like Delaware is that it is possible to keep your hand on the pulse of our ever-developing law and our attorneys share practice pointers and war stories like neighbors talking over a backyard fence.

My areas of special interest in workers' compensation are occupational disease, toxic exposure, closed head injury, and "stress claims" defense.

I have been recognized by The Best Lawyers in America for workers' compensation for the last 7 years, by Delaware Today Magazine as a Top Lawyer, and I am the Editor and publisher of the Delaware Workers Compensation CaseLaw Update for the last 12 years. I was recently cited by the American Trial Lawyers Association as one of the Top 100 Trial Lawyers for Delaware.

I can be reached at croberts@ycst.com or (302) 571-6622. My professional profile can be viewed at my law firm's website, which is www.ycst.com. To be added to the mailing list for the Delaware Workers Compensation CaseLaw Update (at no charge), please contact my administrative assistant Michael Foster at mfoster@ycst.com.

Delaware Detour & Frolic has been selected as a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2009, in the Best Blogs to Watch category, a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2010, in the State-Specific Blogs category, and a a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2011, in the State-Specific Blogs category. "Truly one of the best kept secrets this past year has been Delaware Detour & Frolic by Cassandra Roberts, a senior partner at Young Conaway Stargatt & Taylor, LLP. This well-written law blog from 'The First State' is a rarity in that its author represents both employers and injured workers. If ever there was a blog with a balanced point of view, this is it." Full announcement and list of 2009 honorees here, 2010 honorees here, and 2011 honorees here.

Watch the video interview with Cassandra Roberts on the three time selection of Delaware Detour & Frolic as a Top Blog.

Subjects

Arising Out of Employment
 > Gone to the Dogs - Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery (posted 7/22/2009)

Attorney Fees/Medical Witness Fees
 > "How Many Doctors Does It Take....?" - Delaware Superior Court Awards Multiple Medical Witness Fees Where One Petition Falters (posted 5/20/2011)

Average Weekly Wage
> Back to the Future: A Retroactive Wage Adjustment in Delaware (posted 9/22/2011)
> More from the Delaware Supreme Court: This Time It's All About the Money (posted 2/18/2011)

Carrier-Related Issues
 > Take This to the Bank: Carriers in DE Cannot Be Compelled to Use Direct Deposit (posted 11/16/2011)

Causation
 > An Embolism, an Appendix and Dr. Bandera in Delaware (posted 4/16/2012)
 > Where Do Broken Hearts Go? Not to the Delaware IAB, That's for Sure! (posted 3/19/2012)
 > I Believe I Can Fly: A Song or a Theory of Compensability in Delaware? (posted 9/16/2011)
 > The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware (posted 8/11/2011)
 > A New Trend in Delaware?  Tybout "Dream Team" Overcome DCD Petitions on Causation (posted 4/19/2011)
 > Hand Me another Big Mac:  Heart attack during PT compensable in DE for Jenny Craig Poster Boy (posted 8/10/2010)
 > One for the Books in Delaware: "Defecation Syncope"? (posted 7/27/2010)

Concurrent Employment
 > A Tale of Two Paychecks: DE IAB Revisits Doctrine of Concurrent Employment (posted 1/29/2010)

Course and Scope of Employment
  > Have Crockpot, Will Travel: A Delaware Decision on Course & Scope (posted 5/1/2012)
 > Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware (posted 4/27/2012) 
 > A Roll In the Hay: Delaware's Horseplay Defense and Australia's Sex Romp Case Revisited (posted 4/25/2012)
 > Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case? (posted 4/23/2012)
 > A Little Bit of March Madness in September - A New Ruling from the DE IAB Regarding a Company Athletic Event (posted 9/30/2011)
 > The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE (posted 9/6/2011)
 > Two Out of Three Ain't Bad-- A Little Ditty about Course and Scope in Delaware (posted 7/8/2011)
 > Course & Scope in DE: The Case of the Savvy Sleuth - Meeting in Bar with Alleged Co-worker Ruled Outside Course & Scope (posted 9/8/2010)
 > When Irish Eyes Are Smiling: DE IAB Smiles on Claimant Holding Trip to Ireland Is in Course & Scope (posted 5/3/2010)

Daubert Challenges
 > The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware (posted 8/11/2011)

Death Benefits
> No Weddings and a Funeral: Delaware IAB Discounts Funeral Bill (posted 11/29/2010)

Death-Related Issues
> The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator (posted 4/17/2012)
> Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy (posted 2/28/2012)

Dental Cases
 > Mona Lisa Smile.......Not In This Delaware Dental Case!! (posted 12/8/2011)

Department of Labor News
 > More Big Doin's in Delaware: New IAB Rules Proposed (posted 9/14/2011)
 > A Local Earthquake Heralds Changes to the Delaware Work Comp Health Care Payment System (posted 8/23/2011)
 > DE Department of Labor Announces New Comp Rates for 2011-2012 (posted June 15, 2011)
 > Big Doings in Delaware--Lower Extremity Added to Practice Guidelines and Procedural Changes to UR (and a whole lot of other cool stuff) (posted June 14, 2011)
 > Delaware: New (Lower) Workers' Comp Rates Effective June 22, 2010 (posted 7/6/2010)
 > New Workers' Compensation Rates Effective June 16, 2009 (posted 7/11/2009)

Disfigurement
> Money Doesn't Grow on Trees--Unless You Are Shaking the Family Tree on a Delaware Disfigurement Claim (posted 6/24/2011)
> Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special (posted 3/9/2011)
> Delaware Disfigurement: What's a Urine Bag Worth? (posted 11/2/2010)

Displaced Worker
> More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not (posted May 25, 2011)
> The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State (posted 5/11/2011
> I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware? (posted 2/9/2011)
> Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"? (posted 2/4/2011)

Discovery Issues
> A Little "Unhandsome Dealing" in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue (posted 3/6/2012)
> The Emperor's New Clothes: Delaware IAB Decision Strips Doctor Naked (posted 7/15/2010)

Employee Status
 > Soup, Soap and Salvation -- Delaware IAB Rules That Salvation Army Rehab Program Participant Is Not an Employee (posted 4/1/2011)

Fines
 > The Proverbs 31 Post....and a Little Utilization Review Round-Up in Delaware (posted 7/27/2011)
 > The War Eagle Post:  Board Issues First Ruling In the "First State Orthopedics Class Action" -- And a Large Fine!! (posted 6/23/2011)
 > Keep 'em Comin' - Fines in Delaware Now on a Roll........ (posted 1/13/2011)
 > "Have Yourself a Merry Little Lifrak! (Delaware doctor fined under new statute)" (posted 12/21/2010) 
 > Has the World Gone Mad? DE IAB decison rules that doctor's testimony satisfies Section 2322F(a) (posted 7/9/2010)
 > Ignorance Is Bliss: Delaware IAB Strikes Fine Against Physician Who Did Not Know He Was Treating A Workers' Comp Patient (posted 3/17/2010)
 > The Blind Side: More on That Delaware Doctor "Fine" Case (posted 3/2/2010)
 > Delaware IAB Assesses First Section 2322F(g) Fine Against a Doctor for Failure to Complete Forms (posted 3/1/2010)  
 > The Axe Has Fallen: DE IAB Imposes First Section 2322F Fine (posted 1/29/2010)

Forfeiture
 > The Dearly Deported-Illegal Alien Status Does Not Work a Forfeiture in Delaware (posted 2/9/2012)

Heart Attack and Stroke Cases
 > Where Do Broken Hearts Go? Not to the Delaware IAB, That's for Sure! (posted 3/19/2012)

Illegal Aliens
 > The Dearly Deported-Illegal Alien Status Does Not Work a Forfeiture in Delaware (posted 2/9/2012)

Independent Contractor
 > No "News" Here: Delaware IAB Rules Newspaper Carrier Is Independent Contractor (posted 6/29/2010)

Insurance Coverage
 > A Different Kind of Miracle on 34th Street--and the DE IAB Make Postage Law in a Coverage Case (posted 9/6/2011)

Jurisdiction
 > How Do I Love Thee? DE IAB Takes Jurisdiction Of Dispute Over Commutation (Duh!) (posted 12/3/2010)
 > We Got You Covered!  DE IAB Issues Ruling Establishing Jurisdiction For Coverage Issues (posted 12/1/2010)

Labor Market Surveys
 > The Game Is Afoot: Delaware IAB Has Its First Application of Watson (posted 3/30/2012)
 > Let Me Count the Ways.....That Delaware's Watson Case Doesn't Apply (posted 1/9/2012)
 > Parks and Recreation: Delaware's Watson Standard Is No Slam-Dunk! (posted 12/21/2011)
 > Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court's Watson v. Wal-Mart (posted 12/12/2011)
 > Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys (posted 10/25/2011)

Medical Bills
 > Hatchet Job: Delaware IAB Orders Separation of Bills for Compensable Body Part (posted 9/26/2011)
 > The War Eagle Post:  Board Issues First Ruling In the "First State Orthopedics Class Action" -- And a Large Fine!! (posted 6/23/2011)

Medical Travel and Mileage Issues
 > On the Road Again - Two Recent Releases Regarding Medical Travel in Delaware (posted 9/6/2011)

Medical Treatment
 > I'll Take Mine With Icing: A New Spin on Daubert in Delaware (posted 5/22/2012)
 > Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right To Utilize Preferred Drug Vendors (posted 3/7/2012)
 > A Penny Saved Is a Penny Earned -- Does a Delaware Claimant Have the Right to Refuse Express Scripts? (posted 10/10/2011)
 > The Continuing Saga of Provider Certification in Delaware: Baby New Year is Distinguished from Bertha Polk (posted 12/27/2010)
 > RSD in DE: "Yes Sir, that's my baby"--70 year old Specialist is touted and Ketamine treatment upheld (posted 7/23/2010)
 > Rubbed the Wrong Way? DE IAB rules massage therapists cannot piggyback on chiropractor's provder certification under Section 2322D (posted 7/13/2010) 
 > Kathleen Mason v. State of Delaware: A Double Play on Provider Certification & Reasonable & Necessary (Not) (posted 2/5/2010) 
 > Provider Certification in Delaware: And if they're not? The IAB speaks...  (posted 12/28/2009) 
 > Over the River and Through the Wood: Delaware IAB on Mileage Reimbursement for Medical Treatment (posted 12/3/2009)

Miscellaneous
  > A Cat in a Pinafore.......and a Little Bit About the Delaware Farm Exclusion (posted 11/18/2011)
  > We're Off to See the Wizard:  Delaware Detour & Frolic a 2011 LexisNexis "Top 25 Blog" for Comp Issues (posted 11/7/2011)
  > Chicken Little?  Not in Delaware Where Blue Hen Case Rules MSA Commutation Enforceable (posted 5/13/2011)
  > Score One for Our Team: DSBA 2011 Annual Work Comp Seminar Is a Winner (posted 5/5/2011)
  > "As Iron Sharpens Iron.....":  A Fond Farewell to Jay Schmittinger (posted 4/13/2011)
  > An Invitation: The Delaware "Funky Permanencies".....What We Don't Know Can Hurt Us (A Campaign) (posted 3/21/2011)
  > Pride And Prejudice?  Delaware Supreme Court Rules That Hearing Officer Recusal Necessary Where Hearing Officer Has An Interview Pending With Defense Law Firm (posted 3/4/2011)
  > Freedom of Speech in Delaware, But Don't Mess with Texas (posted 3/1/2011)
  > Sometimes It's Not Just About the Law: Reflections on My Cat (posted 1/18/2011)

Occupational Disease
 > Chicken Impossible:  Second Time's a Charm for Avian Flu Case in Delaware (posted 3/1/2012)
 > Latency, Latency, Thou art Everything: DE Asbestos Award and Guess What? Permanency Award Based on AMA 6th (posted 8/24/2010)
 > Just Say No? A Retrospective of a Few Recent Occupational Disease Cases That Ended with an Epidemic of Denials (posted 10/14/2009)

Partial Disability (Diminished Earning Capacity)
> Trusty Ruddy Does It Again-and a Thanksgiving Salute to Partial Disability in Delaware (posted 11/15/2011)

Permanency
> A Lesson in Pugilism: The Battle of the AMA Guides in DE (posted 8/24/2011)
> Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special (posted 3/9/2011)
> Permanency in Delaware: Rodgers is from Venus, Gelman from Mars (posted 1/6/2011)

Permanent Impairment/AMA Guides
 > The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator (posted 4/17/2012)
 > Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy (posted 2/28/2012)
 > The Christmas Post-and an Empty Stocking on a Claim for Psychiatric Impairment (posted 12/19/2011)
 > The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State (posted 11/9/2011)
 > The Whitman Sampler-a Little Permanency Ruling Round-Up in Delaware (posted 10/21/2011)
 > A Lesson in Pugilism: The Battle of the AMA Guides in DE (posted 8/24/2011)
 > Merged Claim for Taste and Smell Impairment in Delaware Doesn't Pass the Sniff Test! (posted 10/27/2010)
 > Latency, Latency, Thou art Everything: DE Asbestos Award and Guess What? Permanency Award Based on AMA 6th (posted 8/24/2010)
 > No Headache for This Claimant When DE IAB Allows Permanent Impairment Benefits to Both the Head and the Brain (posted 6/29/2010)
 > The Battle of the Guides in Delaware: IAB Rules on the 5th versus the 6th Edition for Permanency and Skirts the Issue (posted 7/2/2009)
 > AMA Guide Round Up: IAB Reviews the AMA Guide Application Issue with Surprising Scrutiny (posted 10/7/2009)

Practice and Procedure
 > I'll Take Mine With Icing: A New Spin on Daubert in Delaware (posted 5/22/2012)
 > The Cruiser T Post.....and a Whitman Sampler of Motion Day Rulings in Delaware (posted 4/13/2012)
 > The Case of the Purple Robe.....and a Little "Motion Day Magic" in Delaware (posted 3/14/2012)
 > The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered! (posted 9/13/2011)

Practice and Procedure/Medical Awards
 > Show me the money: DE IAB rules medical expense check can issue directly to claimant (and her attorney) in lieu of provider (posted 9/9/2010)

Practice Guidelines
 > He Wrote the Book: DE Chiropractor and Member of Health Care Advisory Panel Offers Sneak Peek at Medical Records Text (posted 2/10/2010)
 > Cervical Spine Added to Delaware Practice Guidelines, Eff. June 1, 2009 (posted 7/1/2009)

Provider Certification
 > A Momentary Lapse?  Period Of Lapsed Provider Certification In Delaware Not Sufficient To Disqualify Medical Bills (posted 2/10/2012)

Section 2311 Contractor Liability
> Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue (posted 12/2/2011)
> News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning (posted 2/25/2011)

Section 2353 Forfeiture
 > Plays Well With Others? Not In DE--Section2352(b) Forfeiture Defense Upheld For Employer (posted 10/22/2010)
 > The Delaware "Pee Cup" Case: Failing a Urine Drug Screen Not Tantamount to Forfeiture under Section 2353(c) (posted 10/19/2010)

Seminars, Meetings, and Special Events
 > DE Workers Comp Section Meeting on 10/11/11, aka Happy Hour at the Ale House (posted 10/4/2011)
 > Save the Date! DSBA Work Comp Section Annual Breakfast Seminar (posted 9/28/2011)
 > Sterling Advanced Work Comp Seminar (posted 9/27/2011)

Statute of Limitations
> No "Lunacy" Here in Delaware: Employer's Payment of Medical Bills Does Not Create an "Implied Agreement" for Statute of Limitations Purposes (posted 10/17/2011)
> Beat the Clock: Implied Agreement in DE Enlarges Statute of Limitations to 5 Years (posted 7/28/2011)

Stress Claim
 > Delaware Stress Claim: The Sun'll Come Out Tomorrow--Not for This Andrea McCardle (posted 6/25/2010)

Successful Defenses 
> A New Trend in Delaware?  Tybout "Dream Team" Overcome DCD Petitions on Causation (posted 4/19/2011)

Terminations
> Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case (posted 5/17/2012)
> The Game Is Afoot: Delaware IAB Has Its First Application of Watson (posted 3/30/2012)
> Let Me Count the Ways.....That Delaware's Watson Case Doesn't Apply (posted 1/9/2012)
> Parks and Recreation: Delaware's Watson Standard Is No Slam-Dunk! (posted 12/21/2011)
> Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court's Watson v. Wal-Mart (posted 12/12/2011)
> Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys (posted 10/25/2011)
> More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not (posted May 25, 2011)
> I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware? (posted 2/9/2011)
> Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"? (posted 2/4/2011)

Total Disability
 > Beware of Tender: Offer of Fixed Period of Total Disability May Create Ongoing Entitlement (posted 8/14/2009)

Utilization Review
  > Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal (posted 4/20/2012)
 > "Please Sir, I Want Some More": Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions (posted 4/2/2012)
 > Hurts So Good:  Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator (posted 3/20/2012)
 > Refried Beans - Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline (posted 2/21/2012)
 > A New Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid (posted 1/10/2012)
 > Oh, the Pain of Inadequacy: Chiropractor Trumps Doctor in this Delaware Utilization Review Appeal (posted 12/13/2011)
 > The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware (posted 8/11/2011)
 > The Proverbs 31 Post....and a Little Utilization Review Round-Up in Delaware (posted 7/27/2011)
 > Big Doings in Delaware--Lower Extremity Added to Practice Guidelines and Procedural Changes to UR (and a whole lot of other cool stuff) (posted June 14, 2011)
 > "Let Me Super-Size That".....Unsuccessful UR Appeal in Delaware for 400 lb. Missouri Resident (posted 5/23/2011)
 > God Bless the Broken Road: Delaware IAB Rules on Major Issue of Procedure in UR (posted 4/29/2011)
 > Keep 'em Comin' - Fines in Delaware Now on a Roll........ (posted 1/13/2011)
 > Delaware UR Appellate Round-Up: Do We See a Trend Here (posted 9/24/2010)
 > Level Playing Field in DE? New Directive Bans Defense Counsel From UR Distribution List (posted 9/7/2010) 
 > Utilization Review in DE:  Baranoski case says no UR appeal necessary where DACD Petition for same medical treatment already pending (posted 8/12/2010) 
 > Rubbed the Wrong Way? DE IAB rules massage therapists cannot piggyback on chiropractor's provder certification under Section 2322D (posted 7/13/2010)  
 > Has the World Gone Mad? DE IAB decison rules that doctor's testimony satisfies Section 2322F(a) (posted 7/9/2010)
 > Another Delaware UR appeal--The Jesus Syndrome: Dr. Rudin walks on water (posted 7/1/2010)
 > Delaware UR: In case there was any question, the Utilization Review deadline is absolute (posted 6/25/2010)
 > Delaware IAB Rules Utilization Review Decision Comes in on Appeal (posted 12/28/2009)
 > Cavalcade of Reversals by  Delaware IAB in UR Appeals on Issues of Surgery (posted 4/23/2010)
 > Defense Medical Expert Dr. John Townsend Weighs In on Delaware Practice Guidelines (posted 1/12/2010)
 > Does Clinical Judgment Always Supersede the Guidelines? Or is it an Admission of Non-Compliance in DE? (posted 1/7/2010)
 > A Rose By Any Other Name - De Novo Means De Novo (posted 8/17/2009)
 > Ask the Doctor? Utilization Review in Delaware (posted 10/20/2009)
 > A Tale of Two Med Claims: Delaware IAB  Utilization Review Appeal Number #2 is now in! (posted 11/2/2009)
 > Brave New World! Delaware IAB Issues First Decision on an Appeal From Utilization Review (posted 10/2/2009) 

LINKS 

> Delaware Dept. of Labor
> Delaware Workers' Comp Rate Chart
> Delaware Fee Schedule: Instructions & Guidelines
> Delaware Fee Schedule: Billing Data List
> Delaware Provider Certification
> Delaware Forms: Physician, Employer
> Delaware Utilization Review
> Delaware Forms: Compensation
> Delaware Employer Workers' Compensation Info
> Delaware Dept. of Labor Office Locations     

 LEXIS.COM USERS 

> Delaware Code
> Delaware Administrative Code
> Delaware Cases
> Delaware State Briefs and Motions
> Larson's Workers' Compensation Law
> Attorneys' Textbook of Medicine
> Attorneys' Dictionary of Medicine
> Proving Medical Diagnosis & Prognosis
> Lawyer's Guide to Medical Proof
> Occupational Injuries & Illnesses
> Common Diagnostic Procedures
> Advanced Practice Strategies Medical Illustrations 

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