Workers' Compensation

Recent Posts

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

Grasshopper Cheesecake and an Extension of the Wyatt Doctrine in Delaware
Posted on 24 Mar 2014 by Cassandra Roberts

It’s been busy, busy, busy in my little kitchen that could. I won the Chili Cook-Off last weekend and was up to my elbows in crème de menthe and crème de cacao, as I made a Grasshopper Cheesecake for a St. Paddy’s Day Potluck... Read More

Christmas in Budapest: Delaware IAB Disallows Ketamine Infusions
Posted on 17 Dec 2014 by Cassandra Roberts

The thing about comp is-- it’s always something. One year it is spinal cord stimulators as all the rage, then it’s the multi-level fusion, then it’s Ketamine. It is a job for the comp lawyers just to keep up and sometimes things come... Read More

No Room at the Inn: DE’s Work Comp Inn of Court Makes History With Largest Inaugural Membership of Any Inn to Date
Posted on 14 Nov 2013 by Cassandra Roberts

Board Members Matt Fogg, Julie Pezzner, Gary Baker and Cassandra Roberts flank the newly unveiled charter, joined by Virginia Supreme Court Justice Donald Lemons, and Delaware Supreme Court Justice Randy J. Holland, for whom the Workers Compensation Inn... Read More

Flyin’ High………. And the Role of Utilization Review in a Delaware Drug Diversion Case
Posted on 11 Apr 2014 by Cassandra Roberts

Today’s case comes to us by way of Marshall Dennehy’s Jessica Julian. That is Jess and her family pictured here. What tickles me about this picture, pilfered from Facebook, is that these are some seriously beautiful people. And if “beauty”... Read More

DE Workers Comp Section Meeting on 10/11/11, aka Happy Hour at the Ale House
Posted on 4 Oct 2011 by Cassandra Roberts

Workers Comp Section Chair John Gilbert's reminder appears below to encourage all of the work comp practitioners to attend the Section's 10/11/11 meeting. I, for one, want to know more about those newly-proposed IAB Rule changes. I expect that... Read More

Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware
Posted on 30 Dec 2015 by Cassandra Roberts

Harken back to my post of 4/14/15- “Section 2353 Extravaganza….” . That was the Roger Johnson v. R.C. Fabricators case which dealt with a Section 2353(b) forfeiture defense by virtue of intoxication, involving an injured worker with... Read More

Oh, the Pain of Inadequacy: Chiropractor Trumps Doctor in this Delaware Utilization Review Appeal
Posted on 13 Dec 2011 by Cassandra Roberts

Today's post comes to us from Walt Schmittinger, offering up the outcome of a UR appeals case tried to the Board in Milford two weeks ago. The appeal was from a UR non-cert of chiropractic care with Dr. Michael Gandolfo. Here is what Walt had to say... Read More

The Power of Sua Sponte……..Delaware IAB Raises Displaced Worker Doctrine and the Superior Court Remands for More
Posted on 5 Aug 2014 by Cassandra Roberts

I have something big on the docket this week so this is what we would call a post on the fly. Better to blog with brevity that not blog at all, right? The cases du jour were brought to my attention by Tracey Wilkerson of Coventry over dinner last week... Read More

Delaware’s Jewell Hoey Is Still a Gem of a Displaced Worker
Posted on 20 Nov 2013 by Cassandra Roberts

Speaking of gems, Fred Freibott, who offers up our case du jour, has one impressive firstborn. Above is a shot of Columbia sophomore Christina Freibott who was just named to the National Field Hockey Coaches Association’s All Mideast Regional Second... 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