Workers' Compensation

Recent Posts

Everybody Loves Pedro: Delaware IAB’s Recent Ruling On Illegals Creates Migrant Headache For Employers
Posted on 10 Apr 2015 by Cassandra Roberts

So fresh off the revelry of the Holland Workers Compensation Inn of Court and coming down from the sugar high created by cheesecake on parade, I hear from my dear one, Walt Schmittinger. And while I applaud Walt for his timely sharing of an IAB ruling... Read More

Little Deuce Coupe….. But Not On the Carrier’s Dime in Delaware
Posted on 4 Apr 2014 by Cassandra Roberts

Okay, so I am not sure what a “deuce coupe” really is, but above is what it supposedly looks like. Makes me think a bit about my first car….. which, like your first love, you never forget. Mine was a Gremlin—the color of a copper... Read More

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware
Posted on 16 Dec 2015 by Cassandra Roberts

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think... Read More

Nickel and Dimed: Delaware Disfigurement Award for Systemic Nickel Poisoning
Posted on 5 Feb 2014 by Cassandra Roberts

In my post of 8/15/13 ( Beauty is in the Eye….. A Primer on DE’s Bagley Analysis ), we took an in-depth look at the Bagley standard for disfigurement awards. You may vaguely recall that Bagley is that case that more or less examines that... Read More

Delaware DOL Publishes New Rates…….. and a Law Firm Name Expands Just a Little
Posted on 30 Jul 2014 by Cassandra Roberts

I like to think you can find all the news that’s fit to print on the Detour & Frolic. And it is that time of year—you know, the time when we all expect an announcement (and a chart) from the Department of Labor as to new rates for the... Read More

Salt Water Taffy and a Tad Of Permanency--DE IAB Rules On Disputed Value Of a Pelvis and Creates a Value For the Biliary Tract
Posted on 6 Aug 2013 by Cassandra Roberts

So, of course, as I have one foot out the door to head to the beach, the IAB ruling I have been tracking hits my desk. Did you know that prior to this decision, there were three inconsistent IAB decisions assigning three different values to a pelvis?... Read More

Head Case: Some Funky Permanencies and a Disfigurement Admonishment in the First State
Posted on 14 Dec 2015 by Cassandra Roberts

This comes to us by way of Susan Ament of Morris James. Not like Susan to toot her own horn and in fact, this was sent to me by her paralegal. And when you are married to my brother, you get what I like to call “blog preference.” But I have... Read More

One More Sox Fan for Eternity: Delaware Work Comp Bar Mourns the Passing Of Raymond Radulski
Posted on 26 Feb 2014 by Cassandra Roberts

No one who is ordinary becomes a workers’ comp lawyer. And I may be biased here, but anyone who lives in our little “circle of friends”, as we sometimes call ourselves, will likely agree. Look around you, Delaware work comp bar—is... Read More

The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute
Posted on 22 Apr 2015 by Cassandra Roberts

It has been an exciting week for this blogger. On Tuesday a group of us (Matt Fogg, Julie Pezzner, Gary Baker, Susan Ament, Mike Owen and Andy Carmine) travelled to Washington, D.C. to observe a Supreme Court oral argument and spend a few cherished moments... Read More

The Perpetual Additur: A Short Survey of Delaware IAB Decisions Seeking Additional Body Parts
Posted on 22 Sep 2014 by Cassandra Roberts

I almost titled this post “Two out of Three Ain’t Bad” after one of my all-time favorite songs by Meat Loaf. What is it about work comp and what I would call the “perpetual additur”? That vexing habit of the injured worker... Read More

DE Supreme Court Clarifies Emergency Treatment Exception to Section 2322B(8)(b)
Posted on 21 Nov 2013 by Cassandra Roberts

A big shout out to Linda L. Wilson of Marshall Dennehy who sent me her case, decided only yesterday by our Supremes. It is very timely as we are coming off the glow of last week’s Randy J. Holland Inn of Court Inaugural that Justice Holland authored... Read More

Christina’s World…… and the Ever-Generous Delaware Causation Threshold
Posted on 20 Oct 2014 by Cassandra Roberts

Today’s case du jour is inspired by Fred Freibott’s daughter Christina. She was Ivy League (field hockey) Player of the Week last week and has now been profiled in Sports Illustrated. Not only is she a hockey player par excellence, she is... Read More

First Annual Chili Fest Is A Winner In The First State
Posted on 13 Nov 2014 by Cassandra Roberts

The Randy J. Holland Workers’ Compensation Inn of Court held its first annual Chili Fest last evening for the meal portion of the November Meeting. Celebrity Chefs included: Keri Morris-Johnston with White Chicken Chili, Kim Harrison with Cowboy... Read More

Save the Date in the First State! Wonderful Women of Work Comp Annual Cookie Swap
Posted on 21 Sep 2015 by Cassandra Roberts

This year’s Women of Comp Holiday Cookie Swap will be held at my office on Tuesday December 22, at noon (lunch included). Please save the date and let me know if you think you will be attending. And yes, I know this lowly little event can’t... Read More

Delaware IAB Denies Surgery to Pinocchio
Posted on 17 Mar 2015 by Cassandra Roberts

Today’s post comes to us from Wade Adams of Liberty Mutual. He is our guest blogger and I will leave it to him to tell the tale: "This is a case where Dr. Rudin performed a lumbar fusion on a claimant who had a negative MRI, but positive... Read More