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...

The Perpetual Additur: A Short Survey of Delaware IAB Decisions Seeking Additional Body Parts

I almost titled this post “Two out of Three Ain’t Bad” after one of my all-time favorite songs by Meat Loaf. What is it about work comp and what I would call the “perpetual additur”? That vexing habit of the injured worker and the claimant bar (and the treating docs) to...

Small Change: DE Superior Court Holds There Is No Distinction Between a “Probationary” And “Regular” Pay Rate In Calculating Wage Basis

I just got back from London and was musing to myself that the blog has once again been silent to long. Talk about an answered prayer…….. Today’s post is courtesy of David Boswell who broke out of the usual mold of sending me a case that he won. Pretty much squares with my assessment...

National and State-by-State Workers' Comp News Powered by Larson's (10/20/2014)

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 Study Compares Medical Costs for Injured Workers in 16 States . Investigation: Heroin, Opioid Use by Workers Surges...

Christina’s World…… and the Ever-Generous Delaware Causation Threshold

Today’s case du jour is inspired by Fred Freibott’s daughter Christina. She was Ivy League (field hockey) Player of the Week last week and has now been profiled in Sports Illustrated. Not only is she a hockey player par excellence, she is pre-med at Columbia. Fred has much to be proud of...

Delaware’s Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day

While I was in London I heard from my good friend Joe Klusman. Pictured above is the Klusman Klan at what I think is a wedding—aren’t they just dressed to the nines? I am delighted to feature Joe and his crew as a bit of a change from my usual pics of babies, kitties and Sweet Caroline. ...

Thank Heaven for Little Girls….. and “Clean Claims” in Delaware

This comes to us from Christopher Logullo of Chrissinger & Baumberger, also known as in-house counsel for Liberty Mutual. I had commented recently about how I love hearing from counsel regarding their cases and more importantly, their take on the Board’s ruling and for a second time this week...

The All Hallows’ Eve Post…… and a Death Claim Denied in the First State

I am not a big fan of Halloween. I love the fall, autumn leaves and pumpkins and smells which are uniquely baked good smells- cinnamon, nutmeg, gingerbread, apple and the like. Not so much a fan of the darker things- skulls, skeletons, devils. And too much celebration of the dark side for my taste…...

National and State-by-State Workers' Comp News Powered by Larson's (11/10/2014)

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. A.M. Best Reports Workers’ Comp Line Has Third Straight Year of Improvement . Investigation Looks at “Knock...

First Annual Chili Fest Is A Winner In The First State

The Randy J. Holland Workers’ Compensation Inn of Court held its first annual Chili Fest last evening for the meal portion of the November Meeting. Celebrity Chefs included: Keri Morris-Johnston with White Chicken Chili, Kim Harrison with Cowboy Chili, Kiadii Harmon with Res Ipsa Loquitor Chili...

Delaware Supreme Court Rules That Illegals May Collect Partial Disability

Yesterday the Delaware Supreme Court ruled that illegal aliens may collect benefits under 19 Del. Code Section 2325, known as “partial disability” or “diminished earning capacity.” The case in question belongs to my partner, Tim Lengkeek, on behalf of the injured worker, and is...

Shining Scars and a Pocket Dictionary: Delaware IAB Awards a Staggering 427 Weeks for Disfigurement

I heard about this one courtesy of Mr. Brady as he was dipping out my Black Bean Sirloin Chili at last week’s Holland Inn of Court. Turns out he also likes cornbread and between compliments on my culinary skills, he wanted to make sure I was aware of our case du jour , Heather Stevens v. Sam’s...

Delaware: Employer’s Offer to Rehire Undocumented Worker Is Not Bona Fide Since Worker Could Not Legally Accept It

The Supreme Court of Delaware has held that an injured worker’s undocumented status is a factor that should be considered in determining whether he is capable of returning to work, that just as the inability to secure work due to factors such as the claimant’s age, education, general background...

The Turkey Gravy Post: Delaware Supreme Court Affirms Vanvliet And Non Comp-Certified Providers Come Up Dry

Okay this is not only late-breaking news from our Supremes but there is also the tickle that Walt Schmittinger and Cheryl Ann Ward emailed me late yesterday literally within 2 minutes of each other. How is that for putting Sassy Cassy at the top of the list for all comp news/all the time? Way to go,...

Holiday Roundup…… And a Fall From a Keg in Delaware

The above depicts what has evolved into the annual Workers’ Compensation Holiday Beer Swap. Not sure if Dr. John Townsend was in attendance last night, but I have it on good authority that when he participates, there is at least one case of wicked good and wildly expensive beer involved. Way to...

Christmas in Budapest: Delaware IAB Disallows Ketamine Infusions

The thing about comp is-- it’s always something. One year it is spinal cord stimulators as all the rage, then it’s the multi-level fusion, then it’s Ketamine. It is a job for the comp lawyers just to keep up and sometimes things come full circle, as they did in this case (which gives...