LexisNexis® Legal Newsroom
Gone to the Dogs – Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery

Cases that review the "idiopathic fall" doctrine pop up in Delaware on an occasional basis at best and often present interesting facts. In a recent decision of the Industrial Accident Board, Laci Nash v. Medical Management International , IAB Decision, Hearing No. 1320555 (June 23, 2009)...

Five Recent Cases You Should Know About (8/20/2010)

Larson's Spotlight on Retaliatory Discharge, Subrogation, Ex Parte Communication, Volunteer Firefighter, Initial Physical Aggressor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law ...

Course & Scope in DE: The Case of the Savvy Sleuth – Meeting in Bar with Alleged Co-worker Ruled Outside Course & Scope

Reading the case of David Mosley v. Gateway House , IAB Hrg. # 1343902 (8/11/10) was a little bit like watching an episode of Columbo from my childhood. For some of you, perhaps reminiscent of The Rockford Files or any other offering involving a good natured detective such as Barnaby Jones or Magnum...

Texas Appeals Panel Decision No. 100130 - Waiver

By Stuart D. Colburn, Shareholder, Downs Stanford In Appeals Panel Decision No. 100130, t he carrier received written notice of the claimed injury on June 19, 2009. Benefits were not initiated until July 10, 2009, more than 15 days later. Within 60 days of receiving notice, the carrier filed a denial...

Five Recent Cases You Should Know About (4/8/2011)

Larson's Spotlight on Going and Coming Rule, Heat-Related Illness, COPD Claim, Usual Employment, and Voluntary Severance . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE

A special thank you to PRO Physical Therapy for their hospitality last week at Citizens Bank Park..... Aspiring athletes Ben & Allison Lengkeek enjoy a night at Citizens Bank Park, compliments of PRO Physical Therapy. Their Dad is my partner, Timothy Lengkeek. This post is...

The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE

A special thank you to PRO Physical Therapy for their hospitality last week at Citizens Bank Park..... Aspiring athletes Ben & Allison Lengkeek enjoy a night at Citizens Bank Park, compliments of PRO Physical Therapy. Their Dad is my partner, Timothy Lengkeek. This post is dedicated...

Five Recent Workers’ Comp Cases You Should Know About (11/18/2011) – Paving Worker Strikes Bowling Ball With Sledgehammer, Loses Eye and Workers' Comp Claim

Larson's Spotlight on Death Benefits to Nonresident Aliens, Accidental Injury, Third Party Settlement Proceeds, Work Order Violation, and Prisoners. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Mona Lisa Smile…….Not In This Delaware Dental Case!!

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall defense involving veterinary surgeon Dr. Laci Nash...

Mona Lisa Smile…….Not In This Delaware Dental Case!!

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall defense involving veterinary surgeon Dr. Laci Nash...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

The Company Outing: Course of Employment Issues

Summer is right around the corner, and with it comes annual company picnics, baseball games, parties and the like. These types of events raise a host of workers’ comp issues for employers. For example, last week my manager took our entire team out to lunch for purposes of team building. Everyone...

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia and the subsequent blog posts she wrote about...

The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand

Today's post is the part two of my 9/8/10 post titled " The Case of the Savvy Sleuth "...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee on the basis of course and scope-arguing that the...

The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand

Today's post is the part two of my 9/8/10 post titled " The Case of the Savvy Sleuth "...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee on the basis of course and scope-arguing that the...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer...

Larson’s Spotlight on Recent Cases: No Benefits for Salmonella Poisoning From Catered Lunch

Larson's Spotlight on Course and Scope, Exclusive Remedy, and Causal Connection. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. OH: No Benefits...

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...

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...