Serial Killer: Delaware IAB Addresses the Issue of Treatment Post-UR Non-Cert…and How Long Does a UR Non-Cert “Stick”?

I discovered for the first time since the inception of The Detour & Frolic, that there are times I just don't feel blog-motivated...today being one of them. I want to share, I want to banter, but my shoulder hurts and I am cranky form having the spent a 3-day weekend doing something that is not...

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...

The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...

The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...

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...

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense...

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte comp lawyers. Nothing novel, nothing too intense...

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...

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...

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...

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...

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...

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...

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore v. Expert Management (fka/AstraZeneca) , IAB#...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v....

Bruce Almighty….. and Another Surgery Is Awarded At the DE IAB

Today's post comes to us via Dr. Bruce Rudin. You know, Dr. Rudin of the "Jesus Syndrome, Walks on Water" fame? This case is the employer's appeal of a Utilization Review certification of cervical spine surgery and related treatment rendered by Dr. Rudin. For my part, I do not find...

It’s not all about the law: Delaware lawyer profiled for his “Compassion”

I am delighted to turn over today’s spotlight to my dear friend and respected colleague Gary Baker of Elzufon, Austin, Tarlov & Mondell. Not only is Gary a formidable adversary in his everyday role as defense counsel for any number of local employers , he is also an active participant in Compassion...

The Return Of Krispy Kreme: Delaware Courts Ready To Revisit the Issue Of Illegal Aliens and Partial Disability?

This is a follow up to my post of 3/26/13— The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker . You may remember it, courtesy of claimant lawyer Mike Silverman - Angel Francisco v. Natural House , IAB# 1349699 (3/18/13). Citing the Gonzalez v. Krispy Kreme case...