On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme Court on an issue for which there was enough...

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore v. Expert Management (fka/AstraZeneca) , IAB#...

Workers' Comp Fraud Blotter (4/11/2013) – Bad Week For Disabled Ohio Truck Drivers Who Thought They Could Keep On Trucking

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year...

Vermont Workers' Compensation Update: January to March 2013

Note to Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. DEPARTMENT OF LABOR HEARING DECISIONS LeClaire v. Ford of Brattleboro Inc. , Opinion No. 1-13WC [ Opinion No. 1-13WC ] (Jan. 3, 2013). Defendant's attempt to terminate TTD benefits...

Workers' Comp Fraud Blotter (4/18/2013) – Former New York Giants Linebacker Indicted By Federal Grand Jury For $1.5 Million Insurance Fraud Scheme

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v....