Workers' Compensation

Recent Posts

More Big Doin's in Delaware: New IAB Rules Proposed
Posted on 14 Sep 2011 by Cassandra Roberts

Thank you Henry Davis, Walt Schmittinger and John Gilbert for keeping me on my toes. Per the request of my colleagues, the following annoucement from Work Comp Section Chair Gilbert is being shared. Please take note that there is a special Workers Comp... Read More

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

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware
Posted on 10 Feb 2012 by Cassandra Roberts

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library... Read More

A Cat in a Pinafore…….and a Little Bit About the Delaware Farm Exclusion
Posted on 18 Nov 2011 by Cassandra Roberts

I was going to title this one "The Thanksgiving Post".....but it just doesn't fit with my photos of Nutella Grace in her new Christmas dress. However, it is Thanksgiving season and as my heart turns to all things turkey, pumpkin, and cranberry... Read More

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue
Posted on 2 Dec 2011 by Cassandra Roberts

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed... 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

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!
Posted on 19 Mar 2012 by Cassandra Roberts

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I... Read More

Do That To Me One More Time……..Australian Sex Case Reversed As To Course and Scope
Posted on 31 Oct 2013 by Cassandra Roberts

You just have to love that rare and special intersection where our law practice comes smack up against a little afternoon delight. My posts of 4/23/12 (Kangaroo Court) , 4/25/12 (A Roll in the Hay) , and 4/27/12 (A Head-Banging Good Time) heralded the... Read More

Wawa and the Warehouse: Mixed Bag Results on Course & Scope in Delaware
Posted on 4 Oct 2013 by Cassandra Roberts

Today is all about me……. (Just kidding.... well, kinda, sorta)….. I offer you two very recent rulings on course and scope, both of which are mine. In the interest of parity, and lest you think I only profile my wins, we have one which... Read More

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim
Posted on 26 Jun 2012 by Cassandra Roberts

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia... Read More

Crockpots and Paychecks and Dismissals, Oh My! A Recent Course & Scope Ruling from DE
Posted on 30 Jul 2013 by Cassandra Roberts

What do a crockpot and a paycheck have in common? In this case they were two items that brought the claimant into her employer, Boscovs, on her day off. And this being my case on behalf of the employer, the fact that claimant used her employee discount... Read More

Lara’s Theme…. And a Victory For Her Daddy In This DE Compensability Case
Posted on 12 Jul 2013 by Cassandra Roberts

Today we have a guest blogger, claimant lawyer Sheldon Saints. He presents what we lawyers call a Reese case where priors are indicated and the issue is whether a work event aggravated, accelerated or exacerbated the work injury in question. I had asked... Read More

Chicken Impossible: Second Time’s a Charm for Avian Flu Case in Delaware
Posted on 1 Mar 2012 by Cassandra Roberts

While it is not yet Easter, tis the season where my thoughts turn to the Easter Basket-and ever since I was a toddler, my favorite has always been the marshmallow peeps. I love peeps and could easily eat a box of 12 in one sitting. The Queen Mother's... Read More

The Christmas Post—and an Empty Stocking on a Claim for Psychiatric Impairment
Posted on 20 Dec 2011 by Cassandra Roberts

Above is picture of my kitty's Christmas stocking. A needlepoint image of a grey-brown mackerel tabby that looks alarmingly like the real thing. My husband was horrified that I paid $36.00 for the stocking at a boutique in Greenville; but that is... Read More

If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment
Posted on 14 Aug 2013 by Cassandra Roberts

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for... Read More