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Workers' Compensation

A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope

For those who don’t know it, Sweet Caroline is now working in litigation support for a few of my friends at Doroshow Pasquale, including Tara Bustard.  No shrinking violet herself, Caroline couldn’t have a better role model for the proposition of “girl power.”  This particular case has prompted quite a chuckle from those working on it.

It’s his name. Phil A. Minion.  Get it? Apparently he likes to answer the phone or otherwise identify himself pronouncing it “Filet Mignon.” I guess his Mama and Daddy had a sense of humor…..and were obligate carnivores. And yeah, we both thought that was pretty funny. From there we got into the real “meat” of the case, if you will…..and the fact that I defended (and lost) a very similar case to Jonathan O’Neill a couple of years ago. See Charles James v. Diamond State Warehousing, IAB# 1377939 (9/25/13). Issue is whether a workplace stabbing by a co-worker was in course and scope. In my case the Board ruled that it was…..and whoops, they did it again here. Only in this case it wasn’t a knife—it was box cutters.

The case is Phil A. Minion v. Felton Mills & Atlas Van Lines, IAB#1421868 & 1418086 (8/4/15). Eric Boyle authored a well-reasoned decision that discusses personally motivated assaults via-a-vis those which appear to be fueled by little more than workplace proximity, a short fuse, and a need for anger management counseling…..oh, and a pair of box cutters.

Well done, Tara. Well done, Sweet Caroline. This Mama is proud of you both……….

Irreverently yours,

 

 

 Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

 

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