Delaware UR Appellate Round-Up: Do We See a Trend Here?

Okay, I am thinking that UR rulings of non-certification have about as much sticking power as a defective Post-It note. These have been busy weeks for your humble blogger and I owe y'all an update on something. Well, UR is the subject du jour and it packs a wallop. If you are the employer/carrier...

The Delaware "Pee Cup" Case: Failing a Urine Drug Screen Not Tantamount to Forfeiture under Section 2353(c)

Good to be back. After a stint at mediation school which afforded some time to bask in the glow of colleague Mike Silverman's affable presence and sparkling wit, followed by a whirlwind college tour geared toward the objective of insuring that daughter #2, sweet Caroline, becomes part of the great...

Plays Well With Others? Not In DE--Section 2353(b) Forfeiture Defense Upheld For Employer

Once again this week the Detour & Frolic pauses on the forfeiture statute, this time Section 2353(b), sometimes called the "recklessness defense". Rarely raised, even more rarely victorious. So props to Chris McGarry at Elzufon Austin Tarlov & Mondell for getting it right......But he...

Merged Claim for Taste and Smell Impairment in Delaware Doesn't Pass the Sniff Test!

You have to hand it to my partner, Natalie Wolf. She is not timid nor does she hesitate to try to break new ground. Case in point-- William Meyer v. ITT Flight Operations , IAB # 1297955 ( 9/21/10 ). On a claim for 100% loss of smell where there is a concomitant loss of taste that is the direct result...

Delaware Disfigurement: What's a Urine Bag Worth?

Well, Halloween is casting a long shadow here in the First State and seeing as it is also Election day....well I thought I would blog about something as quirky (to put it kindly) as the political skirmishes here in DE. So how about a little tale in which defense attorney Dennis Menton of the Tybout Redfearn...

No Weddings and a Funeral: Delaware IAB Discounts Funeral Bill

I am back after a wonderfully refreshing Thanksgiving holiday. I spent my weekend trying to catch up on the backlog of decisions sent over by the Department of Labor and I knew I would not be disappointed by the recent releases from our IAB and Hearing Officers. Notwithstanding the fact that this post...

We Got You Covered! DE IAB Issues Ruling Establishing Jurisdiction For Coverage Issues

I am going to break a cardinal rule. I do not usually post about my own cases....so this is a first as best I can recall. And the case is still pending so I will not go into a lot of commentary on the merits of the underlying dispute. First, I have to give props to my opponent Linda Wilson of Marshall...

How Do I Love Thee? DE IAB Takes Jurisdiction Of Dispute Over Commutation (Duh!)

Chief Hearing Officer Chris Baum tells me that this release was timed to coincide with the case discussed in my last post, Jesus Silva-Garcia v. City Window Cleaning [see post of 12/1/10 titled "We got you covered..."] And today's decision is another one of those little legal gems.....let...

"Have Yourself a Merry Little Lifrak! (Delaware doctor fined under new statute)"

Well this is the post of Christmas "present" ...meaning in the here and now. I say that because this ruling is no Christmas gift to Dr. Irwin Lifrak who has the distinction of being the first doctor fined for excess photocopy charges, in violation of 19 Del. Code Section 2322D. Yikes...

Permanency in Delaware: Rodgers is from Venus, Gelman from Mars

Today's post and the title of same is inspired by my colleague from "slower lower", claimant attorney Jay Lazzeri. Jay sent me a copy of a recent permanency decision issued by Hearing Officer Angela "Quick Fire" Fowler with the comment that this was a case "where the doctors...

Keep 'em Comin'-- Fines in Delaware Now on a Roll........

Today we welcome guest blogger Mike Galbraith who highlights a recent decision from the Board on the subject of...none other....UR and Fines. Mike is a claimant attorney with the law firm of Nitsche, Weik and Dougherty and something of an expert on the topic of UR. In Mike's case we would call it...

News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning

Okay, it's been a bad week. I am struggling to recover from the sinus infection from hell and to attack the pile on my desk that accrued while I was home sick. I am offering for your viewing pleasure our brand new kitty, Nutella Grace. She has a disposition to rival that of the late great Cupka Marie...

"How Many Doctors Does It Take....?" – Delaware Superior Court Awards Multiple Medical Witness Fees Where One Petition Falters

A shout out to claimant attorney Mike Galbraith. I asked for some help these next few weeks with highlighting cases and he stepped up with not one, but two. Since I only deem the one blog worthy (and since the other is currently on appeal to the DE Supreme Court), today you get to hear about Sandra Nichols...