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Workers' Compensation

Head Case: Some Funky Permanencies and a Disfigurement Admonishment in the First State

This comes to us by way of Susan Ament of Morris James.  Not like Susan to toot her own horn and in fact, this was sent to me by her paralegal.  And when you are married to my brother, you get what I like to call “blog preference.” But I have to agree with those who forwarded this that there is a certain mystique to this case.

As follows, Gustavo Barragan v. Ciera Staffing, IAB#1400007 (9/3/15):

The nature of injury in this one is really cool.  Skull fracture with left temporal epidural hematoma, vestibular disequilibrium, and fracture of the left arm and pinky finger.  Sounds like this dude is lucky to be alive……..

There was no DME doc . Dr. Bruce Grossinger making a cameo appearance as a medical expert—and I can never keep those Grossinger brothers straight.  I do recall that several years one of them once was called out badly by the Board because he tried to conduct a DME while eating a submarine sandwich (only in Delaware!)

The permanencies awarded were 21% central nervous system, 8% vestibular, and 14% left upper extremity.  NOTE: Both the central nervous system and the vestibular, also known as labyrinthine function, are based on a total of 300 weeks as an unscheduled loss. And we all know what an arm is worth.

So here is my favorite part of the case—Claimant was also awarded benefits for disfigurement including a scar on his head.  No attorneys fee awarded on the disfigurement because there was an offer identical to the Board’s award.  I am thinking the head just might have been the sticking point.  But there is no trifling with our IAB-- I mean nothing gets past them.  So in awarding 10 weeks for the scar on the head, the decision reads: “However, the Board noted that Claimant’s emotional discomfort with others noticing the head scar could be diminished if he allowed his hair to grow out over the scar.  He currently sports a Mohawk haircut with very little coverage on the side of his head.”

Wishing you all a happy and healthy holiday season……..

Reminder—Wonderful Women (and a few good men) of Comp Cookie Swap is next week!

Irreverently yours,



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


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