Workers' Compensation

Recent Posts

More Big Doin's in Delaware: New IAB Rules Proposed
Posted on 14 Sep 2011 by Cassandra Roberts

Thank you Henry Davis, Walt Schmittinger and John Gilbert for keeping me on my toes. Per the request of my colleagues, the following annoucement from Work Comp Section Chair Gilbert is being shared. Please take note that there is a special Workers Comp... Read More

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State
Posted on 9 Nov 2011 by Cassandra Roberts

This is a salute to my colleague Colin Shalk, hence the title of this post. I don't know if Colin would ever hide a rock hammer in a Bible like our protagonist Andy Dufresne, but he is just as clever in the outcome of today's case du jour, with... 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

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator
Posted on 20 Mar 2012 by Cassandra Roberts

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update... 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

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited
Posted on 25 Apr 2012 by Cassandra Roberts

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case... 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

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!
Posted on 19 Mar 2012 by Cassandra Roberts

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I... Read More

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware
Posted on 27 Apr 2012 by Cassandra Roberts

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on... Read More

Chicken Impossible: Second Time’s a Charm for Avian Flu Case in Delaware
Posted on 1 Mar 2012 by Cassandra Roberts

While it is not yet Easter, tis the season where my thoughts turn to the Easter Basket-and ever since I was a toddler, my favorite has always been the marshmallow peeps. I love peeps and could easily eat a box of 12 in one sitting. The Queen Mother's... 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

Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy
Posted on 28 Feb 2012 by Cassandra Roberts

There has been some ongoing litigation, not yet in front of the Board for a merits hearing, on the issue of whether, if someone's death is instantaneous or almost such, they can recover for permanent impairment. I am attaching for your reading pleasure... 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 is... Read More

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue
Posted on 2 Dec 2011 by Cassandra Roberts

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... Read More