Workers' Compensation

Recent Posts

Oh, the Pain of Inadequacy: Chiropractor Trumps Doctor in this Delaware Utilization Review Appeal
Posted on 13 Dec 2011 by Cassandra Roberts

Today's post comes to us from Walt Schmittinger, offering up the outcome of a UR appeals case tried to the Board in Milford two weeks ago. The appeal was from a UR non-cert of chiropractic care with Dr. Michael Gandolfo. Here is what Walt had to say... Read More

The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware
Posted on 12 Aug 2011 by Cassandra Roberts

Well, my moment of reckoning finally arrived. We moved Sweet Caroline into Auburn University last weekend. Suddenly it all came back to me how quickly the time has passed since her Thankgiving Day birth in 1992. There were tears (all mine) and hugs all... 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... Read More

Refried Beans – Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline
Posted on 22 Feb 2012 by Cassandra Roberts

In my post of 1/10/12 titled "A new Spin on Mexican take-out: Delaware Superior Court strikes 45 day UR appeal period as invalid", I alerted y'all to the ruling by Judge Streett on January 6, 2012, representing a consolidation of three cases... Read More

Everybody Loves Raymond…….. and Delaware Superior Court Ruling Allows IAB to Bypass Utilization Review
Posted on 6 Dec 2012 by Cassandra Roberts

Okay, this one is a big deal, folks, a procedural lollapalooza, with props to both Mike Galbraith and Dennis Menton who heralded the Superior Court appellate decision as it was released by the Court. Allow me to simply introduce Mike's comments and... Read More

A New Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid
Posted on 10 Jan 2012 by Cassandra Roberts

A big shout-out to Nancy Chrissinger Cobb and Mike Galbraith who kept their promise to provide me with a "breaking news" update when the Superior Court ruled on the pending challenge to the 45-day UR appeal period. The decision of Judge Streett... Read More

We’re Off to See the Wizard: Delaware Detour & Frolic a 2011 LexisNexis “Top 25 Blog” for Comp Issues
Posted on 7 Nov 2011 by Cassandra Roberts

I am taking today off and sharing the accolades given to the Detour & Frolic, now a Top Blog for three years running. In the true spirit of celebration, I am also sharing a picture of Sweet Caroline at her recent sorority formal. I love... Read More

News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning
Posted on 25 Feb 2011 by Cassandra Roberts

Okay, it's been a bad week. I am struggling to recover from the sinus infection from hell and to attack the pile on my desk that accrued while I was home sick. I am offering for your viewing pleasure our brand new kitty, Nutella Grace. She has a disposition... Read More

Hand Me Another Big Mac: Heart Attack During PT Compensable in DE for Jenny Craig Poster Boy
Posted on 10 Aug 2010 by Cassandra Roberts

Props to Vince Hedrick and John Gilbert for battling it out in another one of those IAB causation cases involving a heart attack. These don't really crop up all that often and this one has a little twist on its facts--claimant did not succumb on the... Read More

Cody Varnes, the Sequel…..and a Whole Lotta Nothin’ at the Delaware IAB
Posted on 24 Oct 2012 by Cassandra Roberts

This was sent to me by defense counsel (and fashion icon) Paula Witherow. I wanted her commentary on our cases du jour, but all I got was a copy of two decisions in the case of Cody Varnes v. Diamond State Mechanical . Paula is not one to boast, but boast... Read More

Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations
Posted on 31 Jan 2013 by Cassandra Roberts

All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws... Read More

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys
Posted on 25 Oct 2011 by Cassandra Roberts

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment... Read More

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope
Posted on 1 May 2012 by Cassandra Roberts

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn... Read More

We Got You Covered! DE IAB Issues Ruling Establishing Jurisdiction For Coverage Issues
Posted on 1 Dec 2010 by Cassandra Roberts

I am going to break a cardinal rule. I do not usually post about my own cases....so this is a first as best I can recall. And the case is still pending so I will not go into a lot of commentary on the merits of the underlying dispute. First, I have to... Read More

I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware?
Posted on 9 Feb 2011 by Cassandra Roberts

As Sarah Palin might say, "You betcha!" Okay so I gave away that I am a Republican. But in reply to my last post of February 4, 2011 (fondly known as "the birthday post"), I have the privilege of being joined by a guest blogger today... Read More