The Bid Day Post….And a Moment of Wonderment as the Delaware IAB Rules That UR - Certified Treatment Is Unreasonable/ Unnecessary

Today is auspicious for two reasons. First it is "Bid Day" at Auburn University. Picture above is my Sweet Caroline (in the white eyelet dress) offering a "bid" to her little sister. And another great Gamma Phi Beta tradition continues....... Talking about traditions, one was...

The Back-to-School Post……and a Carrier Friendly Outcome in Delaware on the Use of Prescription Vendors

It seems this week that everyone is sending their little darlings back to school. Pictures all over Facebook of the ornery little so-and-so's waiting for the bus, sporting all manner of new duds, their gap-toothed little faces smiling for the cameras. As anyone who knows me well can tell you, I am...

Walks on Water? A Parable About Surgery From the Delaware IAB

Okay, so the ridiculously cute kids pictured above are Daniel and Juliette Kimmel, Larry's kids. This case has nothing to do with Larry.....the kids are just THAT cute that they deserve to be enjoyed by everyone, and the beach pics are an apt salute to the official end of summer...... After my last...

The Second Time Around….and a DE Ruling on Average Weekly Wage and Incarceration

Love is lovelier, the second time around Just as wonderful, with both feet on the ground It's that second time you hear your love song sung Makes you think perhaps that love, like youth, is wasted on the young [Lyrics from: http://www.lyricsfreak.com/f/frank+sinatra/second+time+around+the_10122399...

Twice Blessed……and Two Spinal Cord Stimulator Cases From the First State

Above is a picture of Keri Morris' twins Madison Rose and Landon. They were recently in a wedding and don't they look cute enough to be the cake topper? Every time I look at this pic, it tickles me how the little guy has a cheese cracker in his hand.......someone ought to tap him for a Cheez...

Four Doctors and a Claimant—A Study In Lymphedema At the Delaware IAB

Thought I was done posting this week until I heard from Don Marston with a little tutorial on lymphedema. Now how could I turn that one down? So here you have it: "Here is a case that may have some appeal for your blog. Lymphedema is not a common issue, at least in my practice. John...

Cody Varnes, the Sequel…..and a Whole Lotta Nothin’ at the Delaware IAB

This was sent to me by defense counsel (and fashion icon) Paula Witherow. I wanted her commentary on our cases du jour, but all I got was a copy of two decisions in the case of Cody Varnes v. Diamond State Mechanical . Paula is not one to boast, but boast she should as she won this one twice.....and...

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does not work a Forfeiture in Delaware" which highlighted...

Beauty is in the Eye…..a Delaware Roundtable on Disfigurement

The exquisite little girl above is Lara, Sheldon Saints' daughter. She is a gorgeous child, with a pedigree of beauty.... Her aunts, Shel's sisters, were both beauty queens back in the day. Sheila Saints and Shawna Saints....if you grew up around here and are my age, those names are perhaps familiar...

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...

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...

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'...

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 ...

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...

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...

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding from the Delaware Supreme Court is Kingsley Simendinger...

Up the Appellate Ladder and Still No Section 2326 Permanency For Estate Of Injured Worker In DE Who Was Smothered In Grain

You first read about this case in regard to my post of 2/28/12 (Body of Evidence) and also 4/17/12 (The Ultimate Soy Allergy) . This unfortunate claimant was crushed to death in a grain elevator. The first post had to do with the claimant's counsel conducting an exhumation and autopsy on the down...

A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity

Today's post comes to us courtesy of Mike Sensor. Mike contacted me last week with some background information in a case of first impression for which he was awaiting a bench ruling transcript from Sussex County Superior Court. I am always excited to hear from Mike, as he is someone I consider...

On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme Court on an issue for which there was enough...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year...