Workers' Compensation

Twinsies: Delaware Finds In Favor Of a “Double Displaced” Worker And Issues a Fine

Today’s post comes to us by request of attorney Shaku Bhaya following the DSBA Winter Breakfast Seminar that was held this past Monday.  Shaku asked me for copies of two rulings mentioned during my Case Law Update presentation and I thought I would bless all of you with these cases.  Better than chocolates on Valentine’s Day, better than David Yurman at Christmas, better than Troll beads on my birthday, I give you—

Christopher Valickas v. Universal Health Services, Inc., IAB# 1404458 (1/13/14)(ORDER) which was a case imposing a $500 fine against the carrier for issuing a denial notice 9 days beyond the 15 day deadline.   The fine language of 19 Del. Code Section 2362(e) is mandatory.  Nonetheless, a harsh result if you ask me. Valickas also stands for the proposition that payment of a limited period of total disability along with the tender of an Agreement followed by a notice of denial days later does not create an implied Agreement.

Eddie Worthy v. Kent Sussex Industries, IAB# 1377382 (1/8/14) came to the IAB on a Petition for Review seeking to conclude TTD entitlement.  This case is a bit of a novelty in that the Board found in favor of what  I call a “double displaced worker”, which is a claimant both prima facie and actually displaced.  Of note, the semi-literate injured worker was 62 years of age with a vocational history entirely grounded in heavy and unskilled labor who was let go by the employer.  Being let go by the employer was particularly significant in this case given that the employer was a private not-for-profit agency whose mission is to assist the developmentally disabled in obtaining and maintaining employment.

The name of today’s post begged for a few photos and I called upon Keri Morris-Johnston, Larry Kimmel, and Susan Hauske, all of whom are the parents of twins.  Are these kids cute or what?  Just goes to show that our work comp bar consists of litigators who are not only prolific in their case loads, but also in the fruit of their loins.  And Larry has a third baby girl on the way!

 Madison and Landon Johnston









 Daniel and Juliette Kimmel









 Sara and Katelyn Hauske








Irreverently yours,
Cassandra Roberts

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

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