Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts of...

God Rest Ye Merry? Well, Not So Much in This Delaware Superior Court Ruling on Provider Certification

Above is my firstborn, Jocelyn, ringing the bell at the Prices Corner Wal-Mart. I am one partial Mama Bear but don't you agree she is the prettiest bell-ringer you have ever seen. Interestingly, this picture will likely make my other girl, Sweet Caroline, "sad in her heart", as she likes...

God Rest Ye Merry? Well, Not So Much in This Delaware Superior Court Ruling on Provider Certification

Above is my firstborn, Jocelyn, ringing the bell at the Prices Corner Wal-Mart. I am one partial Mama Bear but don't you agree she is the prettiest bell-ringer you have ever seen. Interestingly, this picture will likely make my other girl, Sweet Caroline, "sad in her heart", as she likes...

Everybody Loves Raymond…….. and Delaware Superior Court Ruling Allows IAB to Bypass Utilization Review

Okay, this one is a big deal, folks, a procedural lollapalooza, with props to both Mike Galbraith and Dennis Menton who heralded the Superior Court appellate decision as it was released by the Court. Allow me to simply introduce Mike's comments and Dennis' summary, since they have the superior...

Everybody Loves Raymond…….. and Delaware Superior Court Ruling Allows IAB to Bypass Utilization Review

Okay, this one is a big deal, folks, a procedural lollapalooza, with props to both Mike Galbraith and Dennis Menton who heralded the Superior Court appellate decision as it was released by the Court. Allow me to simply introduce Mike's comments and Dennis' summary, since they have the superior...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from...

Just Say No! DE IAB Decision Affirming UR Denial of a Spinal Cord Stimulator Based on Addiction

"One drug is too many and a thousand not enough." (Anonymous) Luciana Gorum sent me today's decision because she thought I needed a good laugh. And while there is nothing funny about addiction, this case does prompt a chuckle over the comedy of missteps surrounding the injured worker...

Just Say No! DE IAB Decision Affirming UR Denial of a Spinal Cord Stimulator Based on Addiction

"One drug is too many and a thousand not enough." (Anonymous) Luciana Gorum sent me today's decision because she thought I needed a good laugh. And while there is nothing funny about addiction, this case does prompt a chuckle over the comedy of missteps surrounding the injured worker...

Sassy Cassy’s 2012 Naughty & Nice List

Due to recent events it is highly unlikely there will be another post prior to Santa's arrival. As well all know, I like to give Santa a heads up about who's been naughty and who's been nice and it is enough of a tradition that folks have been asking about the list. So here goes nothin'...

Sassy Cassy’s 2012 Naughty & Nice List

Due to recent events it is highly unlikely there will be another post prior to Santa's arrival. As well all know, I like to give Santa a heads up about who's been naughty and who's been nice and it is enough of a tradition that folks have been asking about the list. So here goes nothin'...

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...

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the relevant, here's what Joe had to say, however...

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the relevant, here's what Joe had to say, however...

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the result of a work-related motor vehicle accident ...

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the result of a work-related motor vehicle accident ...

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

Cases involving head trauma are usually taken pretty seriously by the Delaware IAB. And the experienced practitioner knows that a variety of permanency can be fleshed out of a good old-fashioned knock on the noggin. As a chronic migraine sufferer (with no history of trauma), I for one am quite sympathetic...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations

All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws it without prejudice, and then re-files it...

Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations

All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws it without prejudice, and then re-files it...

The Dearly Deported Finally Depart: DE Supreme Court Affirms on Issue of Illegal Aliens

Folks, I will make this brief. If you want more detail check my posts of 2/9/12 and 10/25/12 regarding what happens when an illegal alien is deported and is thus not available for a ("DME"). The IAB as well as the Superior Court rejected the carrier's claim that the deportation worked a...

The Valentine’s Day Post: A Whitman’s Sampler of DE Motion Day Rulings

As my girls used to say when they were little, today is a "lucky day".....which by their standards meant a special day such as when the school cafeteria was serving hot dogs and tater tots. I cherish today because this particular Valentine's Day is the 10 year anniversary of Tom asking...

Dan in Real Life…….and the Denial of a Stress Claim in Delaware

Today I violate my usual rule of "do not blog about thyself." For months I have been telling my opponent Mike Bednash that, for better or worse, this case was headed for the blog. And it's a stress claim-so who doesn't want to read about one of those? Here is the gist: Claimant...