Better Late Than Never? Not So Much On Motion Day In The First State

Better Late Than Never? Not So Much On Motion Day In The First State

Today's post comes to us from Mike Silverman.  To many of you, Mike in a principal in Silverman, MacDonald and Friedman.  To the rest of us, he is Daddy to collegiate golf's new "it girl"...... Maddy "Boom Boom" Silverman.  Maddy is living the dream at Boston University (on Mike's dime) and is being groomed as "the fresh face of Calloway."  Anyway, Mike had a recent Motion Day victory that should serve as a cautionary tale for carriers everywhere.

Claimant is on an open Agreement for temp partial. Her checks often arrive late; a payment log introduced into evidence confirms that there were times that the TPD check issued 2-4 days after the payment period it was intended to cover.  The Board was troubled by the carrier's requirement that the adjuster manually enter a check to reset the automated payment system every six weeks, which the carrier cited as the basis for an occasional late check.

The Board entered an Order to compel the timely issuance of checks.  This case would have been much more exciting had there been an award of attorney's fee or a fine....but alas, there was not.  I have to admit.... I was kind of let down.  But hey, Mike was apparently tickled pink by the ruling- enough to send it to the blog.  Judi Castellano v. Fountain Management, IAB# 1297018 (3/13/13)(ORDER).

I say let's take up a collection for some attorney's fee for Mike.  Boom Boom needs a new driver......:>)

Irreverently yours,
Cassandra Roberts

   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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