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

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

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

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

Mona Lisa Smile…….Not In This Delaware Dental Case!!
Posted on 8 Dec 2011 by Cassandra Roberts

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall... Read More

No "Lunacy" Here in Delaware: Employer's Payment of Medical Bills Does Not Create an "Implied Agreement" for Statute of Limitations Purposes
Posted on 17 Oct 2011 by Cassandra Roberts

Today is post is compliments of Nancy Chrissinger Cobb. And spoiler alert-- this case is boring. Not your usual Harlequin romance of a workers comp scenario..... But that said, it was authored by Chief Hearing Officer Baum and that alone makes it worth... Read More

Back to the Future: A Retroactive Wage Adjustment in Delaware
Posted on 22 Sep 2011 by Cassandra Roberts

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time... Read More

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware
Posted on 21 Oct 2011 by Cassandra Roberts

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all... Read More

Gone to the Dogs – Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery
Posted on 22 Jul 2009 by Cassandra Roberts

Cases that review the "idiopathic fall" doctrine pop up in Delaware on an occasional basis at best and often present interesting facts. In a recent decision of the Industrial Accident Board, Laci Nash v. Medical Management International ,... 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

Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right To Utilize Preferred Drug Vendors
Posted on 7 Mar 2012 by Cassandra Roberts

I am thinking that some of y'all do not read my blog. If you did, you would have read my post of 10/10/11, "A Penny saved is a penny earned: Does claimant have the right to refuse ExpressScripts?" You could have printed a copy of the ruling... Read More

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart
Posted on 13 Dec 2011 by Cassandra Roberts

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether... Read More

The Christmas Post—and an Empty Stocking on a Claim for Psychiatric Impairment
Posted on 20 Dec 2011 by Cassandra Roberts

Above is picture of my kitty's Christmas stocking. A needlepoint image of a grey-brown mackerel tabby that looks alarmingly like the real thing. My husband was horrified that I paid $36.00 for the stocking at a boutique in Greenville; but that is... Read More

Let Me Count the Ways…..That Delaware’s Watson Case Doesn’t Apply
Posted on 9 Jan 2012 by Cassandra Roberts

I am back in the saddle after a holiday break followed by a tad of illness. And as the cases fly out of the IAB at a fast and furious pace, I have been blessed to hear from Henry Davis, Walt Schmittinger, and John Gilbert regarding more Watson cases,... Read More