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

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

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

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

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

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator
Posted on 20 Mar 2012 by Cassandra Roberts

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update... Read More

We’re Off to See the Wizard: Delaware Detour & Frolic a 2011 LexisNexis “Top 25 Blog” for Comp Issues
Posted on 7 Nov 2011 by Cassandra Roberts

I am taking today off and sharing the accolades given to the Detour & Frolic, now a Top Blog for three years running. In the true spirit of celebration, I am also sharing a picture of Sweet Caroline at her recent sorority formal. I love it... Read More

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware
Posted on 15 Nov 2011 by Cassandra Roberts

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that... 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

Refried Beans – Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline
Posted on 22 Feb 2012 by Cassandra Roberts

In my post of 1/10/12 titled "A new Spin on Mexican take-out: Delaware Superior Court strikes 45 day UR appeal period as invalid", I alerted y'all to the ruling by Judge Streett on January 6, 2012, representing a consolidation of three cases... Read More