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...

National and State-by-State Workers' Comp News Powered by Larson's (3/3/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. ACOEM Targets 5 Things Doctors, Patients Should Question . US DOL Program to Help Some Miners Increase Chances of Black...

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...

National and State-by-State Workers' Comp News Powered by Larson's (3/10/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Travelers Becomes Largest WC Insurer, Liberty Mutual Falls to Second Place . Benign Neglect: Is Failure to Follow Doc's...

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...

National and State-by-State Workers' Comp News Powered by Larson's (4/7/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. WCRI Posts 2014 Annual Report and Research Review . Many Companies Offering Accident/Disability Insurance See Reduction...

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...

National and State-by-State Workers' Comp News Powered by Larson's (4/14/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Insurance Expert Predicts Growth Drivers for Workers Comp in a Sluggish Economy . NCCI Posts 2014 Workers Comp Issues...

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...

National and State-by-State Workers' Comp News Powered by Larson's (5/12/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NCCI Announces “Balanced” Outlook for Current Workers’ Comp Industry . WCRI: Minimal Reduction in Long...

National and State-by-State Workers' Comp News Powered by Larson's (5/19/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Employer Reps Say Wage Theft Unintentional Due to Complex Regulations . Obese Workers Cost Employers $4K More in Health...

National and State-by-State Workers' Comp News Powered by Larson's (6/9/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit: Court Upholds Walgreen’s Termination of Employee for Using Armed Self-Defense . John Hopkins Doctor...

National and State-by-State Workers' Comp News Powered by Larson's (6/30/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. More Doctors Reviewing Injured Worker’s Genetic Makeup When Prescribing Drugs . Mark Walls Joins Safety National...

National and State-by-State Workers' Comp News Powered by Larson's (7/14/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. WCRI Releases New Edition of Medical Price Index for Workers’ Compensation . More Firefighters Die of Obesity-Related...

Fail Safe…… and the Failure of a Section 2353(b) Forfeiture Defense in Delaware

You gotta love Nick Krayer. He initially came to us as “new hot guy” and then he was “newly engaged guy” and now he is a blogger wannabe and Gary Nitsche protégé. Heck, he may even be married by now…….Big thanks to Nick for this week’s post which...

Delaware: Affiliation Between Insurance Companies Is Insufficient to Block Insurer’s Right to Join in Third-Party Action

A Delaware court has allowed the employer’s workers’ compensation insurer to intervene in a personal injury action filed by an injured employee against the firm that provided janitorial services to the employer, finding that the insurer has a subrogation interest in any recovery by the injured...

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...

Delaware DOL Publishes New Rates…….. and a Law Firm Name Expands Just a Little

I like to think you can find all the news that’s fit to print on the Detour & Frolic. And it is that time of year—you know, the time when we all expect an announcement (and a chart) from the Department of Labor as to new rates for the 2014-2015 year . I kept waiting for that DOL email...

The Carrot Cake Post.....and a Delicious Outcome on a Firefighter Hearing Loss Claim in Delaware

How do you solve a problem like Maria? Not only is that one of my favorite songs from The Sound of Music, but that also has to be resounding through the claimant bar in the wake of today’s case, Thomas Kapa v. City of Wilmington , IAB#1406213 (7/18/14). Major props to defense lawyer Maria Paris...

The Power of Sua Sponte……..Delaware IAB Raises Displaced Worker Doctrine and the Superior Court Remands for More

I have something big on the docket this week so this is what we would call a post on the fly. Better to blog with brevity that not blog at all, right? The cases du jour were brought to my attention by Tracey Wilkerson of Coventry over dinner last week. Not only is Tracey my vocational rehab expert...

The Return of the Sua Sponte: Delaware IAB Replies to Post About Displaced Worker

Okay, y’all have heard me talk about “Chris Baum Cherishables”….. and for anyone who doesn’t know who Chris is (because, perhaps, you have been living under a rock) , he is the Chief Hearing Officer for our Industrial Accident Board. My post of 8/5/14 prompted Chris to...

What’s In A Name? DE IAB Awards Max Disfigurement For Leg Under Bagley

Today’s case come to us via James Haley, a sometimes work comp lawyer who had a whopper of a disfigurement award and who was rightfully proud. For a background on how the law applies to disfigurement in cases of catastrophic injury, see my post of 8/15/13, Beauty is in the Eye: A Primer of Delaware’s...

National and State-by-State Workers' Comp News Powered by Larson's (8/25/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NCCI Examines State of the Economy and Impact on Workers Comp Insurance . DEA to Publish Final Rule Rescheduling Hydrocodone...

National and State-by-State Workers' Comp News Powered by Larson's (9/2/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NASI: Job, Earnings Growth Bumps Up Workers Comp Benefits and Costs . Ninth Circuit Rules FedEx Misclassified Workers...