Workers' Compensation

Recent Posts

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

The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand
Posted on 8 Oct 2012 by Cassandra Roberts

Today's post is the part two of my 9/8/10 post titled " The Case of the Savvy Sleuth "...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee... Read More

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses
Posted on 30 Jan 2013 by Cassandra Roberts

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz.... 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

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

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

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

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

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

The Second Time Around….and a DE Ruling on Average Weekly Wage and Incarceration
Posted on 13 Sep 2012 by Cassandra Roberts

Love is lovelier, the second time around Just as wonderful, with both feet on the ground It's that second time you hear your love song sung Makes you think perhaps that love, like youth, is wasted on the young [Lyrics from: http://www.lyricsfreak... Read More

Change Is Constant....Well, Not So Much in this Delaware Termination Case
Posted on 1 Jun 2012 by Cassandra Roberts

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from... 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

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

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

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