Workers' Compensation

Recent Posts

Small Change: DE Superior Court Holds There Is No Distinction Between a “Probationary” And “Regular” Pay Rate In Calculating Wage Basis
Posted on 14 Oct 2014 by Cassandra Roberts

I just got back from London and was musing to myself that the blog has once again been silent to long. Talk about an answered prayer…….. Today’s post is courtesy of David Boswell who broke out of the usual mold of sending me a case... Read More

Delaware Supreme Court Rules That Illegals May Collect Partial Disability
Posted on 14 Nov 2014 by Cassandra Roberts

Yesterday the Delaware Supreme Court ruled that illegal aliens may collect benefits under 19 Del. Code Section 2325, known as “partial disability” or “diminished earning capacity.” The case in question belongs to my partner, Tim... Read More

Shining Scars and a Pocket Dictionary: Delaware IAB Awards a Staggering 427 Weeks for Disfigurement
Posted on 17 Nov 2014 by Cassandra Roberts

I heard about this one courtesy of Mr. Brady as he was dipping out my Black Bean Sirloin Chili at last week’s Holland Inn of Court. Turns out he also likes cornbread and between compliments on my culinary skills, he wanted to make sure I was aware... Read More

Beauty Is In the Eye…..A Primer On Delaware’s Bagley Analysis For Disfigurement
Posted on 15 Aug 2013 by Cassandra Roberts

Another guest blogger today, and with today’s post comes some insight into the Bagley analysis for work comp, courtesy of Sheldon Saints. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement... Read More

Twinsies: Delaware Finds In Favor Of a “Double Displaced” Worker And Issues a Fine
Posted on 19 Feb 2014 by Cassandra Roberts

Today’s post comes to us by request of attorney Shaku Bhaya following the DSBA Winter Breakfast Seminar that was held this past Monday. Shaku asked me for copies of two rulings mentioned during my Case Law Update presentation and I thought I would... Read More

Holiday Roundup…… And a Fall From a Keg in Delaware
Posted on 5 Dec 2014 by Cassandra Roberts

The above depicts what has evolved into the annual Workers’ Compensation Holiday Beer Swap. Not sure if Dr. John Townsend was in attendance last night, but I have it on good authority that when he participates, there is at least one case of wicked... Read More

Catherine the Great on The Porcelain Throne…… and The Personal Comfort Doctrine in Delaware
Posted on 29 Jul 2015 by Cassandra Roberts

Not since my post on Defecation Syncope (7/27/10) have I had this much fun. One of my personal faves as to claimant’s counsel, Cynthia Pruitt --protecting the rights of workers everywhere to empty their bladders on the job…… and then... Read More

The Return of the Sua Sponte: Delaware IAB Replies to Post About Displaced Worker
Posted on 6 Aug 2014 by Cassandra Roberts

Okay, y’all have heard me talk about “Chris Baum Cherishables”….. and for anyone who doesn’t know who Chris is (because, perhaps, you have been living under a rock) , he is the Chief Hearing Officer for our Industrial Accident... Read More

Holland Inn of Court Holiday Party Crowns Queen of Chili in Delaware
Posted on 16 Dec 2015 by Cassandra Roberts

The Randy J. Holland Workers’ Compensation Inn of Court is an innovator, a trailblazer, and an otherwise rollicking good time. One of only 5 Inns in the United States to receive Platinum status in its first year of operation, this Inn goes where... Read More

A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope
Posted on 10 Aug 2015 by Cassandra Roberts

For those who don’t know it, Sweet Caroline is now working in litigation support for a few of my friends at Doroshow Pasquale, including Tara Bustard. No shrinking violet herself, Caroline couldn’t have a better role model for the proposition... Read More

Curtain Call on Illegals in Delaware: The Superior Court Affirms a New Class of Displaced Worker
Posted on 27 Jan 2016 by Cassandra Roberts

Today I bring you what Walt Schmittinger affectionately calls “Act 2 of what I presume will be a 3 Act play.” It is the appeal decision in the Guardado case that we have all been waiting for. For the back story, check my blog entry of 4/10... Read More

Delaware Detour and Frolic
Posted on 2 Jan 2013 by Delaware Detour and Frolic Law Blog

Delaware Detour and Frolic A workers' comp law blog by Cassandra Roberts ABOUT ME I am a newcomer to the Larson's National Workers' Compensation Advisory Board, but a seasoned workers' compensation practitioner from... Read More

Must Love Dogs: DE Superior Court Rules Commutation Is Enforceable
Posted on 15 Apr 2014 by Cassandra Roberts

Today we have a guest blogger, Cheryl Ward of Franklin & Prokopic. I am especially grateful to have a guest for what will be for most a short work week. Pictured here is Cheryl’s dog Shamrock. And while we all know I am not a “dog person”... Read More

The All Hallows’ Eve Post…… and a Death Claim Denied in the First State
Posted on 29 Oct 2014 by Cassandra Roberts

I am not a big fan of Halloween. I love the fall, autumn leaves and pumpkins and smells which are uniquely baked good smells- cinnamon, nutmeg, gingerbread, apple and the like. Not so much a fan of the darker things- skulls, skeletons, devils. And too... Read More

Excuses, Excuses…… And a Lack Of Excusable Neglect In DE: Discovery Violations Lead To a $182K Bond And $23K In Attorney’s Fees
Posted on 14 Aug 2013 by Cassandra Roberts

Today we have a guest blogger, the ever-genial Dave Boswell. I’m not quite sure how to categorize these opinions so I will leave it to Dave to tell you what all went down: Attached is a triumvirate of decisions in the Hernandez case, in which... Read More