National and State-by-State Workers' Comp News Powered by Larson's (1/6/2014)

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. NATIONAL AND STATE NEWS: NCOIL Work Comp Insurance Comm. Chair Defends Recommendations re Opioid Abuse . Pro Publica...

National and State-by-State Workers' Comp News Powered by Larson's (1/27/2014)

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. Lawmakers Propose Amendment to LHWCA re Definition of Recreational Vessel . CDC Posts 2009 Life Tables . Travelers...

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...

National and State-by-State Workers' Comp News Powered by Larson's (2/17/2014)

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 Warns ACA High Costs, Problems Could Push Workers Back to WC Realm . Traveler’s Releases White...

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...

National and State-by-State Workers' Comp News Powered by Larson's (2/24/2014)

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. CMS Changes Reporting Threshold for Liability Settlements, Judgments, Awards, Other Payments . RIMS Submits Recommendations...

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...