Workers' Compensation

Recent Posts

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere
Posted on 10 Dec 2012 by Cassandra Roberts

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it... Read More

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case
Posted on 17 May 2012 by Cassandra Roberts

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is... Read More

The Dearly Deported Finally Depart: DE Supreme Court Affirms on Issue of Illegal Aliens
Posted on 6 Feb 2013 by Cassandra Roberts

Folks, I will make this brief. If you want more detail check my posts of 2/9/12 and 10/25/12 regarding what happens when an illegal alien is deported and is thus not available for a ("DME"). The IAB as well as the Superior Court rejected the... Read More

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue
Posted on 2 Dec 2011 by Cassandra Roberts

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case
Posted on 27 Nov 2012 by Cassandra Roberts

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make... Read More

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator
Posted on 17 Apr 2012 by Cassandra Roberts

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent... Read More

The Hurricane Sandy Post…..and a Displaced Worker In Delaware
Posted on 30 Oct 2012 by Cassandra Roberts

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More

A Cat in a Pinafore…….and a Little Bit About the Delaware Farm Exclusion
Posted on 18 Nov 2011 by Cassandra Roberts

I was going to title this one "The Thanksgiving Post".....but it just doesn't fit with my photos of Nutella Grace in her new Christmas dress. However, it is Thanksgiving season and as my heart turns to all things turkey, pumpkin, and cranberry... Read More

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue
Posted on 6 Mar 2012 by Cassandra Roberts

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. ... Read More

The Second Time Around….and a DE Ruling on Average Weekly Wage and Incarceration
Posted on 13 Sep 2012 by Cassandra Roberts

Love is lovelier, the second time around Just as wonderful, with both feet on the ground It's that second time you hear your love song sung Makes you think perhaps that love, like youth, is wasted on the young [Lyrics from: http://www.lyricsfreak... Read More

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware
Posted on 10 Feb 2012 by Cassandra Roberts

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library... Read More

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule
Posted on 13 Nov 2012 by Cassandra Roberts

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte... Read More

Change Is Constant....Well, Not So Much in this Delaware Termination Case
Posted on 1 Jun 2012 by Cassandra Roberts

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from... Read More

Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy
Posted on 28 Feb 2012 by Cassandra Roberts

There has been some ongoing litigation, not yet in front of the Board for a merits hearing, on the issue of whether, if someone's death is instantaneous or almost such, they can recover for permanent impairment. I am attaching for your reading pleasure... Read More

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens
Posted on 25 Oct 2012 by Cassandra Roberts

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does... Read More