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Workers' Compensation

The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware

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 around and for a "blended family" adventure, it was a success.  It's always interesting to travel on the same plane (and later the same SUV) with Husband #1 (Carrie's dad) and Husband #2 as a family unit.  Husband #2 told me halfway through the trip he thought it was a great bonding opportunity for him and Husband #1....for once I was the odd man out....go figure.

Taking a minute to say farewell to Sweet Caroline and turn to the matter of law, I am always happy to hear from my friend and respected colleague Walt Schmittinger.  In addition to his outstanding pedigree, Walt offers the following:

"Just got the enclosed decision in Suraj Maiku v. Two Farms, IAB# 1344346 (8/5/11) which I thought you  might want for your blog.  [Hearing Officer] Angela Fowler sat by stipulation for the Board.  Some insight into causation defenses remaining available even once the case has been accepted by the carrier.  She also rejected the Employer's motion to exclude Dr. Balu as an expert based on a Daubert challenge.  Ultimate finding for the claimant that his (acknowledged) knee condition and treatment remained compensable notwithstanding a prior gunshot wound to the same knee 10 years ago that hadn't been symptomatic or caused limitations of activities for many years.  The Board still gave the carrier a shot at UR of the bills following the Board's compensability determination, though......"

Although Walt won the case and allowed for a splendid result for his client, I have to applaud some gutsy moves by defense attorney Lauren McConnell of Tybout Redfearn & Pell.  She knows her UR rules, perhaps better than some, and she knew to advance the causation argument in advance of the UR....since we all know there are now multiple cases that stand for the proposition that a referral to UR waives any available causation defense [see my post of 4/29/11 "God Bless the Broken Road......" ]  Gutsy Lauren then made a Daubert motion to exclude pain management doc Ganesh Balu from testifying on an orthopedic issue by advancing a Motion in Limine and offering a Memorandum of Law in support of her position.  Okay, so it did not carry the day-- but when you have a tough case,  well the tough put on their best and it certainly appears that young Lauren left no stone unturned.  I admire her chops......Bravo!

Back to my Sweet Caroline.......miss ya like crazy, love ya like the dickens, and as they say down in Alabama-- War Eagle!!!

Irrevently yours,
Cassandra Roberts (a/k/a Mom)

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

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