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

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

Delaware Detour and Frolic
Posted on 2 Jan 2013 by Delaware Detour and Frolic Law Blog

Delaware Detour and Frolic A workers' comp law blog by Cassandra Roberts ABOUT ME I am a newcomer to the Larson's National Workers' Compensation Advisory Board, but a seasoned workers' compensation practitioner from "The... 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

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

Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?
Posted on 23 Apr 2012 by Cassandra Roberts

Today we are going to talk about the goings on elsewhere in the wacky world of comp. It is oddly appropriate that the week I joined the Linked In Work Comp Analysis Group, I stepped into the midst of a case that has garnered national attention. I would... Read More

Exclusive Remedy Bars Contribution Claim, But Not Indemnification Claim
Posted on 26 Feb 2010 by Thomas A. Robinson

An employer ("the employer") determined that it should install special safety mats around a shear cutting machine to eliminate hazards presented when a worker stood too close to the machine. The safety mats functioned by shutting the cutting... Read More

Delaware IAB Assesses First Section 2322F(g) Fine Against a Doctor for Failure to Complete Forms
Posted on 1 Mar 2010 by Cassandra Roberts

In Thurmon Shelton v. Allen Family Foods, IAB # 1335120 (2/12/10), the first fine has been assessed under 19 Del. Code Section 2322F(g) for violation of the physician's obligation to complete forms outlining a patient's work capability status... 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

A Lesson in Pugilism: The Battle of the AMA Guides in DE
Posted on 24 Aug 2011 by Cassandra Roberts

This week's post is courtesy of Kris Starr who emailed me to say: "Rodgers v. G. Dean MacEwen. I sort of won...." And for those of you who think that any sparring which occurs at the IAB over the AMA Guide 5th versus 6th is just going to... Read More

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case
Posted on 17 May 2012 by Cassandra Roberts

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision... Read More