Be Our Guest: DE Providers Host Medical School for Lawyers Dinner Seminar

I like to think I am a social creature. I like to eat (can’t ya tell?) and I LOVE to talk shop. So as you might imagine, I was in my glory last night at the Columbus Inn attending the Medical School for Lawyers Dinner Seminar . Add to that a panel of esteemed docs as our faculty and an audience...

Crockpots and Paychecks and Dismissals, Oh My! A Recent Course & Scope Ruling from DE

What do a crockpot and a paycheck have in common? In this case they were two items that brought the claimant into her employer, Boscovs, on her day off. And this being my case on behalf of the employer, the fact that claimant used her employee discount to purchase a crockpot warms my heart. That said...

Salt Water Taffy and a Tad Of Permanency--DE IAB Rules On Disputed Value Of a Pelvis and Creates a Value For the Biliary Tract

So, of course, as I have one foot out the door to head to the beach, the IAB ruling I have been tracking hits my desk. Did you know that prior to this decision, there were three inconsistent IAB decisions assigning three different values to a pelvis? (Say it ain’t so!) One award was based on 150...

Excuses, Excuses…… And a Lack Of Excusable Neglect In DE: Discovery Violations Lead To a $182K Bond And $23K In Attorney’s Fees

Today we have a guest blogger, the ever-genial Dave Boswell. I’m not quite sure how to categorize these opinions so I will leave it to Dave to tell you what all went down: Attached is a triumvirate of decisions in the Hernandez case, in which: (1) the IAB entered a default judgment against...

If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for my next discussion. I will let Kim tell you:...

Beauty Is In the Eye…..A Primer On Delaware’s Bagley Analysis For Disfigurement

Another guest blogger today, and with today’s post comes some insight into the Bagley analysis for work comp, courtesy of Sheldon Saints. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement statute, 19 Del. Code Section 2326(f), [ enhanced...

Daddy’s Girl, Part 2: DE Superior Court Affirms IAB ruling on Statute of Limitations

This post is a follow up to mine of 7/31/12— Not Just Another Dady’s Girl…. And a New Development on the Statute of Limitations in DE. I was happy to hear from claimant attorney Mike Sensor a few days ago, alerting me to the appellate status of “Daddy’s Girl.” You...

You’ve Got Mail……And DE Superior Court Affirms IAB Ruling In Insurance Coverage Case

For the background, check out my post of 9/6/11, titled A Different Kind of Miracle on 34th Street…. And DE IAB Makes Postage Law . This case had to do with the issue of a work comp policy which had lapsed, with a reinstatement check being mailed on January 12, 2010; the claimant was seriously...

Wawa and the Warehouse: Mixed Bag Results on Course & Scope in Delaware

Today is all about me……. (Just kidding.... well, kinda, sorta)….. I offer you two very recent rulings on course and scope, both of which are mine. In the interest of parity, and lest you think I only profile my wins, we have one which was a winner and one which was a loser. And as...

Do That To Me One More Time……..Australian Sex Case Reversed As To Course and Scope

You just have to love that rare and special intersection where our law practice comes smack up against a little afternoon delight. My posts of 4/23/12 (Kangaroo Court) , 4/25/12 (A Roll in the Hay) , and 4/27/12 (A Head-Banging Good Time) heralded the Australian work comp decision where a female employee...

No Room at the Inn: DE’s Work Comp Inn of Court Makes History With Largest Inaugural Membership of Any Inn to Date

Board Members Matt Fogg, Julie Pezzner, Gary Baker and Cassandra Roberts flank the newly unveiled charter, joined by Virginia Supreme Court Justice Donald Lemons, and Delaware Supreme Court Justice Randy J. Holland, for whom the Workers Compensation Inn is named. The Inn of Court dinner honoring Justice...

Delaware’s Jewell Hoey Is Still a Gem of a Displaced Worker

Speaking of gems, Fred Freibott, who offers up our case du jour, has one impressive firstborn. Above is a shot of Columbia sophomore Christina Freibott who was just named to the National Field Hockey Coaches Association’s All Mideast Regional Second Team. Christina is true to her pedigree and brings...

DE Supreme Court Clarifies Emergency Treatment Exception to Section 2322B(8)(b)

A big shout out to Linda L. Wilson of Marshall Dennehy who sent me her case, decided only yesterday by our Supremes. It is very timely as we are coming off the glow of last week’s Randy J. Holland Inn of Court Inaugural that Justice Holland authored the decision under scrutiny- Amanda Wyatt...

Delaware’s Lazarus Phenomenon: Expired Statute of Limitations Can Be Revived by Inadvertent Payment of Medical Bills

Today we are fortunate to have a guest blogger—the erudite and ever-popular Mike Sensor. This weekend brought the third birthday of his daughter, Ketevan Sophia, and a new development in an old case. For the background on this statute of limitations issue, see my posts of 7/31/12 ( Not Just Another...

Call of the Calendar: Two Upcoming Events for the Delaware Comp Bar

February 2014 will be a month of food and fellowship as the workers’ comp lawyers get together and hone their craft while teasing their palate. Please be aware that the annual DSBA Workers’ Compensation Winter Breakfast Seminar, originally scheduled for January 22nd, was rescheduled due...

Nickel and Dimed: Delaware Disfigurement Award for Systemic Nickel Poisoning

In my post of 8/15/13 ( Beauty is in the Eye….. A Primer on DE’s Bagley Analysis ), we took an in-depth look at the Bagley standard for disfigurement awards. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement statute, 19 Del. Code...

The Pulled Groin Extrapolation

This post is a nod to Chris Logullo and “The Big Bang Theory.” This is a successive carrier case that Chris wanted to share. Background: Injury #1 occurs on 7/27/12 with carrier #1. Injury #1 was a right inguinal hernia which ruptured claimant’s abdominal wall (now there’s...

Twinsies: Delaware Finds In Favor Of a “Double Displaced” Worker And Issues a Fine

Today’s post comes to us by request of attorney Shaku Bhaya following the DSBA Winter Breakfast Seminar that was held this past Monday. Shaku asked me for copies of two rulings mentioned during my Case Law Update presentation and I thought I would bless all of you with these cases. Better than...

Ray’s Red Sox and a Home Run On the Bagley Analysis In a DE Disfigurement Case

I am rarely at a loss for words but with the sudden passing of Ray Radulski over the weekend, I really have nothing to bring to the table today. What a loss to the Delaware work comp bar. An appropriate tribute will follow later this week. Ray loved the Red Sox and thus this post has a title from a mind...

One More Sox Fan for Eternity: Delaware Work Comp Bar Mourns the Passing Of Raymond Radulski

No one who is ordinary becomes a workers’ comp lawyer. And I may be biased here, but anyone who lives in our little “circle of friends”, as we sometimes call ourselves, will likely agree. Look around you, Delaware work comp bar—is there anyone you among you who is ordinary? Heck...

Leaving On a Jet Plane: DE Superior Court Allows 5 Year SOL For Claims Initially Recognized Elsewhere

Today’s case is World Airways, Inc. v. Michael Golson , CA No. K12A-09-004 WLW (Del. Super. Ct. Feb.5, 2014) . When it first hit my desk last week, I was struck by what appeared to be a series of details not easily digestible into fodder for my blog. Stated differently, I had a bit of trouble following...

Grasshopper Cheesecake and an Extension of the Wyatt Doctrine in Delaware

It’s been busy, busy, busy in my little kitchen that could. I won the Chili Cook-Off last weekend and was up to my elbows in crème de menthe and crème de cacao, as I made a Grasshopper Cheesecake for a St. Paddy’s Day Potluck. Thankfully, a guest blogger came forward to allow...

Little Deuce Coupe….. But Not On the Carrier’s Dime in Delaware

Okay, so I am not sure what a “deuce coupe” really is, but above is what it supposedly looks like. Makes me think a bit about my first car….. which, like your first love, you never forget. Mine was a Gremlin—the color of a copper penny. Kind of a testament to how cool I was in...

Flyin’ High………. And the Role of Utilization Review in a Delaware Drug Diversion Case

Today’s case comes to us by way of Marshall Dennehy’s Jessica Julian. That is Jess and her family pictured here. What tickles me about this picture, pilfered from Facebook, is that these are some seriously beautiful people. And if “beauty” can be considered a generational curse...

Must Love Dogs: DE Superior Court Rules Commutation Is Enforceable

Today we have a guest blogger, Cheryl Ward of Franklin & Prokopic. I am especially grateful to have a guest for what will be for most a short work week. Pictured here is Cheryl’s dog Shamrock. And while we all know I am not a “dog person”, I have to respect the fact that Cheryl...