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

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

Parks and Recreation: Delaware’s Watson Standard Is No Slam-Dunk!
Posted on 21 Dec 2011 by Cassandra Roberts

Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal... 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

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

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 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 college.....so this truly is all Greek to me. There is a handbook of rules for Rush Week. Hair must be freshly cut... 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

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

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

An Embolism, an Appendix and Dr. Bandera in Delaware
Posted on 16 Apr 2012 by Cassandra Roberts

I always look for the "funky" cases. You may recall when I offered y'all a salute to "defecation syncope". Good times, those were.....In checking out the latest releases from the Delaware IAB, I stumbled across a couple of little... Read More