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Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326. Check out Tomeka Daniels v. State of Delaware, IAB# 1356241 (7/3/12) where a claim for 10% lumbar and 17% cervical was thrown out. Why? Because Dr. Bandera, that man for all seasons (and seemingly, all Board certifications) was deemed "inflated, inconsistent and vague" as to his clinical findings and the basis of his rating. Score one for the defense dream team of Natalie Palladino and Dr. Kalamchi.
Turnabout is fair play and at the risk of attacking a claimant-oriented physician without giving the defense bar its due, allow me to share with you Linda Dambro v. Astrazeneca Pharmaceuticals, IAB#1376347 (6/29/12). Permanency benefits were sought for 17% cervical, 30% thoracic and 7% lumbar, as rated by Dr. Anne Mack. Dr. Gelman allowed for no impairment causally related to the work event, but further opined that even if there was a permanency, the lumbar conversion factor should apply to all three areas of the spine. With that much, the Board agreed and as such, awarded 8% cervical, 8% thoracic and 7% lumbar. But not before commenting that "Dr. Gelman's opinions are too extreme to be persuasive...." (noting that once again, Dr. Gelman is compelled to revisit issues of causation long since resolved). Props to defense lawyer Christian McGarry for whittling down that permanency exposure.
So welcome back to y'all after that beach holiday. Look for more big doin's on The Detour & Frolic later this week. And don't be so smug. Yes some of you have beach houses....and the rest of us have a four-story kitty condo......LOL!! Coming soon-a picture of Nutella Grace and Cruiser T in our homemade cat "restroom".
In the meantime, make mine two dips in a waffle cone!
Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts
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