Workers' Compensation

Recent Posts

Utilization Review in Delaware: Yikes!! The Return of the Fine and (another) Deadline Blown?
Posted on 19 Jul 2010 by Cassandra Roberts

I am not sure I have all the details nor are they apparent from this recent "Motion Day" Order, but it is pretty clear to me from the ruling in Frederick Tulowitzki v. Property Advisory Services Corp. , IAB # 1334523 (7/1/10) (Order) that we... Read More

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

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

Rubbed the Wrong Way? DE IAB rules massage therapists cannot piggyback on chiropractor's provider certification under Section 2322D
Posted on 13 Jul 2010 by Cassandra Roberts

In the latest and greatest of Delaware IAB Utilization Review appeals, a further refinement of law comes out of the case Andrea Tullock Grulke v. Amazon.com , IAB # 1334951 (7/8/10), a decision authored by that scholar among men, Chief Hearing Officer... 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

Has the World Gone Mad? DE IAB decision rules that doctor's testimony satisfies Section 2322F(a)
Posted on 9 Jul 2010 by Cassandra Roberts

Okay, I guess you can tell from the title that I don't get it.....the ruling that is. This case came before a Hearing Officer on a DACD for recurrence of total disability and claim for medical bills. Dr. Bruce Grossinger was the treating doctor and... Read More

No "News" Here: Delaware IAB Rules Newspaper Carrier Is Independent Contractor
Posted on 29 Jun 2010 by Cassandra Roberts

This week's headlines coming out of the Delaware IAB included a decision involving employment relationship. In Michael Watson v. Independent Newspapers , IAB# 1349323 (6/17/10), the Board considered the defense that the claimant, who also held full... 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

Delaware: New (Lower) Workers' Comp Rates Effective June 22, 2010
Posted on 6 Jul 2010 by Cassandra Roberts

The Delaware Secretary of Labor announced that the average weekly wage in Delaware for the calendar year 2009 was $914.73, down from 2008 when it was $916.00. Accordingly, the new max rate for Delaware comp is $609.82, as compared to a max rate of $610... Read More