A Momentary Lapse? Period Of Lapsed Provider Certification In Delaware Not Sufficient To Disqualify Medical Bills

A big shout-out to both Dr. Doug Briggs who brought this case to my attention, and to Donna Forrest at the DOL who brought the case to his attention. Today's case is a very narrow issue and it is just quirky enough to be worth knowing. The answers to questions like this is what separates the men...

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...

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...

Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy

There has been some ongoing litigation, not yet in front of the Board for a merits hearing, on the issue of whether, if someone's death is instantaneous or almost such, they can recover for permanent impairment. I am attaching for your reading pleasure today's incredible Order in the case of...

Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy

There has been some ongoing litigation, not yet in front of the Board for a merits hearing, on the issue of whether, if someone's death is instantaneous or almost such, they can recover for permanent impairment. I am attaching for your reading pleasure today's incredible Order in the case of...

Chicken Impossible: Second Time’s a Charm for Avian Flu Case in Delaware

While it is not yet Easter, tis the season where my thoughts turn to the Easter Basket-and ever since I was a toddler, my favorite has always been the marshmallow peeps. I love peeps and could easily eat a box of 12 in one sitting. The Queen Mother's favorite baby picture of me is one in which a...

Chicken Impossible: Second Time’s a Charm for Avian Flu Case in Delaware

While it is not yet Easter, tis the season where my thoughts turn to the Easter Basket-and ever since I was a toddler, my favorite has always been the marshmallow peeps. I love peeps and could easily eat a box of 12 in one sitting. The Queen Mother's favorite baby picture of me is one in which a...

Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right To Utilize Preferred Drug Vendors

I am thinking that some of y'all do not read my blog. If you did, you would have read my post of 10/10/11, "A Penny saved is a penny earned: Does claimant have the right to refuse ExpressScripts?" You could have printed a copy of the ruling in that case and perhaps today's post would...

Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right To Utilize Preferred Drug Vendors

I am thinking that some of y'all do not read my blog. If you did, you would have read my post of 10/10/11, "A Penny saved is a penny earned: Does claimant have the right to refuse ExpressScripts?" You could have printed a copy of the ruling in that case and perhaps today's post would...

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut and highlighted. Sorority representatives must...

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut and highlighted. Sorority representatives must...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update on the topic of UR appeals. And is it all that...

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update on the topic of UR appeals. And is it all that...

The Game Is Afoot: Delaware IAB Has Its First Application of Watson

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear Watson , dated 12/12/11; Parks & Recreation ,...

The Game Is Afoot: Delaware IAB Has Its First Application of Watson

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear Watson , dated 12/12/11; Parks & Recreation ,...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

An Embolism, an Appendix and Dr. Bandera in Delaware

I always look for the "funky" cases. You may recall when I offered y'all a salute to "defecation syncope". Good times, those were.....In checking out the latest releases from the Delaware IAB, I stumbled across a couple of little diamonds in the rough. Something different, something...

An Embolism, an Appendix and Dr. Bandera in Delaware

I always look for the "funky" cases. You may recall when I offered y'all a salute to "defecation syncope". Good times, those were.....In checking out the latest releases from the Delaware IAB, I stumbled across a couple of little diamonds in the rough. Something different, something...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent impairment. Prior to that, there was a Motion...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent impairment. Prior to that, there was a Motion...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...