Workers' Compensation

Recent Posts

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

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

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

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

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

The Game Is Afoot: Delaware IAB Has Its First Application of Watson
Posted on 30 Mar 2012 by Cassandra Roberts

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear... Read More

The Case of the Purple Robe…..and a Little “Motion Day Magic” in Delaware
Posted on 14 Mar 2012 by Cassandra Roberts

It is good to be back from Alabama. Did I mention that Sweet Caroline is now into sorority recruitment? I didn't do the Greek thing in this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut... Read More

DE Workers Comp Section Meeting on 10/11/11, aka Happy Hour at the Ale House
Posted on 4 Oct 2011 by Cassandra Roberts

Workers Comp Section Chair John Gilbert's reminder appears below to encourage all of the work comp practitioners to attend the Section's 10/11/11 meeting. I, for one, want to know more about those newly-proposed IAB Rule changes. I expect that... Read More

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware
Posted on 22 May 2012 by Cassandra Roberts

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post... Read More

Three Years Running – An Interview With Cassandra Roberts on Her Award Winning Top Blog
Posted on 8 Dec 2011 by Cassandra Roberts

Cassandra Roberts is the author of the Delaware Detour & Frolic blog, which has been honored in 2009, 2010, and 2011 as one of the LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues . Cassandra is the senior workers' compensation... Read More

Let Me Count the Ways…..That Delaware’s Watson Case Doesn’t Apply
Posted on 9 Jan 2012 by Cassandra Roberts

I am back in the saddle after a holiday break followed by a tad of illness. And as the cases fly out of the IAB at a fast and furious pace, I have been blessed to hear from Henry Davis, Walt Schmittinger, and John Gilbert regarding more Watson cases,... Read More

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions
Posted on 2 Apr 2012 by Cassandra Roberts

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter... Read More

A Momentary Lapse? Period Of Lapsed Provider Certification In Delaware Not Sufficient To Disqualify Medical Bills
Posted on 10 Feb 2012 by Cassandra Roberts

A big shout-out to both Dr. Doug Briggs who brought this case to my attention, and to Donna Forrest at the DOL who brought the case to his attention. Today's case is a very narrow issue and it is just quirky enough to be worth knowing. The answers... 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