Workers' Compensation

Recent Posts

News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning
Posted on 25 Feb 2011 by Cassandra Roberts

Okay, it's been a bad week. I am struggling to recover from the sinus infection from hell and to attack the pile on my desk that accrued while I was home sick. I am offering for your viewing pleasure our brand new kitty, Nutella Grace. She has a disposition... Read More

We Got You Covered! DE IAB Issues Ruling Establishing Jurisdiction For Coverage Issues
Posted on 1 Dec 2010 by Cassandra Roberts

I am going to break a cardinal rule. I do not usually post about my own this is a first as best I can recall. And the case is still pending so I will not go into a lot of commentary on the merits of the underlying dispute. First, I have to... Read More

"Have Yourself a Merry Little Lifrak! (Delaware doctor fined under new statute)"
Posted on 21 Dec 2010 by Cassandra Roberts

Well this is the post of Christmas "present" ...meaning in the here and now. I say that because this ruling is no Christmas gift to Dr. Irwin Lifrak who has the distinction of being the first doctor fined for excess photocopy charges, in violation... Read More

Delaware UR Appellate Round-Up: Do We See a Trend Here?
Posted on 24 Sep 2010 by Cassandra Roberts

Okay, I am thinking that UR rulings of non-certification have about as much sticking power as a defective Post-It note. These have been busy weeks for your humble blogger and I owe y'all an update on something. Well, UR is the subject du jour and... Read More

The Delaware "Pee Cup" Case: Failing a Urine Drug Screen Not Tantamount to Forfeiture under Section 2353(c)
Posted on 19 Oct 2010 by Cassandra Roberts

Good to be back. After a stint at mediation school which afforded some time to bask in the glow of colleague Mike Silverman's affable presence and sparkling wit, followed by a whirlwind college tour geared toward the objective of insuring that daughter... Read More

"How Many Doctors Does It Take....?" – Delaware Superior Court Awards Multiple Medical Witness Fees Where One Petition Falters
Posted on 20 May 2011 by Cassandra Roberts

A shout out to claimant attorney Mike Galbraith. I asked for some help these next few weeks with highlighting cases and he stepped up with not one, but two. Since I only deem the one blog worthy (and since the other is currently on appeal to the DE Supreme... Read More

Permanency in Delaware: Rodgers is from Venus, Gelman from Mars
Posted on 6 Jan 2011 by Cassandra Roberts

Today's post and the title of same is inspired by my colleague from "slower lower", claimant attorney Jay Lazzeri. Jay sent me a copy of a recent permanency decision issued by Hearing Officer Angela "Quick Fire" Fowler with the... Read More

Keep 'em Comin'-- Fines in Delaware Now on a Roll........
Posted on 13 Jan 2011 by Cassandra Roberts

Today we welcome guest blogger Mike Galbraith who highlights a recent decision from the Board on the subject of...none other....UR and Fines. Mike is a claimant attorney with the law firm of Nitsche, Weik and Dougherty and something of an expert on the... Read More

No Weddings and a Funeral: Delaware IAB Discounts Funeral Bill
Posted on 29 Nov 2010 by Cassandra Roberts

I am back after a wonderfully refreshing Thanksgiving holiday. I spent my weekend trying to catch up on the backlog of decisions sent over by the Department of Labor and I knew I would not be disappointed by the recent releases from our IAB and Hearing... Read More

Delaware Disfigurement: What's a Urine Bag Worth?
Posted on 2 Nov 2010 by Cassandra Roberts

Well, Halloween is casting a long shadow here in the First State and seeing as it is also Election day....well I thought I would blog about something as quirky (to put it kindly) as the political skirmishes here in DE. So how about a little tale in which... Read More

How Do I Love Thee? DE IAB Takes Jurisdiction Of Dispute Over Commutation (Duh!)
Posted on 3 Dec 2010 by Cassandra Roberts

Chief Hearing Officer Chris Baum tells me that this release was timed to coincide with the case discussed in my last post, Jesus Silva-Garcia v. City Window Cleaning [see post of 12/1/10 titled "We got you covered..."] And today's decision... Read More

Plays Well With Others? Not In DE--Section 2353(b) Forfeiture Defense Upheld For Employer
Posted on 22 Oct 2010 by Cassandra Roberts

Once again this week the Detour & Frolic pauses on the forfeiture statute, this time Section 2353(b), sometimes called the "recklessness defense". Rarely raised, even more rarely victorious. So props to Chris McGarry at Elzufon Austin Tarlov... Read More

Merged Claim for Taste and Smell Impairment in Delaware Doesn't Pass the Sniff Test!
Posted on 27 Oct 2010 by Cassandra Roberts

You have to hand it to my partner, Natalie Wolf. She is not timid nor does she hesitate to try to break new ground. Case in point-- William Meyer v. ITT Flight Operations , IAB # 1297955 ( 9/21/10 ). On a claim for 100% loss of smell where there is a... Read More