Workers' Compensation

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

Ketevan Sophia Sensor

This is really the Ketevan Sophia Sensor Post.  The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti".  This child is so popular, so precocious she has her own following on Twitter.  And speaking of precocious, Mike was right fully proud not only of the fruit of his loins but also of his latest victory at the IAB.

So here's the issue-What happens when the 5-year statute of limitations runs on an accepted claim, and at some time thereafter the carrier inadvertently resumes paying medical bills?  Do these later payments re-open the statute.....or can it be said that once run, the statute of limitations cannot be resurrected? I like to think that Jesus is the only one who pulled that off....but keep reading......

Here is what Mike Sensor had to say:

Here's one for your blog, hot off the presses. What happens when the carrier makes payments after the SOL runs - and not just one payment, but over $12,000 worth of payments over the course of 18 months?  Hint: It's not a "gift".

This is worth your careful scrutiny. There is a collateral issue of whether notice was provided under 18 Del. Code Section 3914.  Looks like the payment of medicals in 2009 after a 7 year gap and the running of the statute establishes a whole new compensability to the medical on this particular claim.  Back from the dead not after 3 days....but 7 years.  Wow!

The case, for your poolside reading pleasure, is Joseph Uniatowski v. Del Tech Engineering, IAB# 1206445 (7/23/12)That Mike Sensor, he has it all..... a beautiful accomplished wife,  a baby girl who would melt your heart, his own personal genius......and now this.  Thanks for sharing, Mike!

And send me those pictures-I get tired of looking at my own kids.  Babies, children, toddlers, pets, etc...they are all welcome to take a Detour & Frolic.  The only caveat is the pics must be accompanied by case law (and it doesn't have to be yours).

Irreverently yours,
Cassandra Roberts

Delaware Detour & Frolic   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts6

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