Workers' Compensation

Recent Posts

A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity
Posted on 4 Apr 2013 by Cassandra Roberts

Today's post comes to us courtesy of Mike Sensor. Mike contacted me last week with some background information in a case of first impression for which he was awaiting a bench ruling transcript from Sussex County Superior Court. I am always excited... Read More

Dan in Real Life…….and the Denial of a Stress Claim in Delaware
Posted on 18 Feb 2013 by Cassandra Roberts

Today I violate my usual rule of "do not blog about thyself." For months I have been telling my opponent Mike Bednash that, for better or worse, this case was headed for the blog. And it's a stress claim-so who doesn't want to read about... 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

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case
Posted on 27 Nov 2012 by Cassandra Roberts

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make... Read More

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator
Posted on 17 Apr 2012 by Cassandra Roberts

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent... Read More

The Dearly Deported Finally Depart: DE Supreme Court Affirms on Issue of Illegal Aliens
Posted on 6 Feb 2013 by Cassandra Roberts

Folks, I will make this brief. If you want more detail check my posts of 2/9/12 and 10/25/12 regarding what happens when an illegal alien is deported and is thus not available for a ("DME"). The IAB as well as the Superior Court rejected the... Read More

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere
Posted on 10 Dec 2012 by Cassandra Roberts

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it... Read More

The Hurricane Sandy Post…..and a Displaced Worker In Delaware
Posted on 30 Oct 2012 by Cassandra Roberts

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue
Posted on 6 Mar 2012 by Cassandra Roberts

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. ... Read More

They’ve Paved Paradise and Put Up a Parking Lot….a Delaware Primer on the Premises Rule
Posted on 13 Nov 2012 by Cassandra Roberts

Three beautiful children.....Ben, Allison and Chase. They belong to my partner Tim Lengkeek. Tim and his wife Michele make pretty kids. Tim makes even prettier law.....be it in work comp or otherwise. Today's post is a gift for all the neophyte... 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

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens
Posted on 25 Oct 2012 by Cassandra Roberts

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does... Read More

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case
Posted on 11 Apr 2013 by Cassandra Roberts

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore... 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

On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”
Posted on 10 Apr 2013 by Cassandra Roberts

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme... Read More