The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all over the place, which makes life in The First State...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all over the place, which makes life in The First State...

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State

This is a salute to my colleague Colin Shalk, hence the title of this post. I don't know if Colin would ever hide a rock hammer in a Bible like our protagonist Andy Dufresne, but he is just as clever in the outcome of today's case du jour, with a little bit of chipping away at the supremacy of...

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State

This is a salute to my colleague Colin Shalk, hence the title of this post. I don't know if Colin would ever hide a rock hammer in a Bible like our protagonist Andy Dufresne, but he is just as clever in the outcome of today's case du jour, with a little bit of chipping away at the supremacy of...

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter. He is 3 months old and strongly resembles...

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter. He is 3 months old and strongly resembles...

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...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

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...