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

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

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

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator
Posted on 17 Apr 2012 by Cassandra Roberts

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent... Read More

Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy
Posted on 28 Feb 2012 by Cassandra Roberts

There has been some ongoing litigation, not yet in front of the Board for a merits hearing, on the issue of whether, if someone's death is instantaneous or almost such, they can recover for permanent impairment. I am attaching for your reading pleasure... 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

A Penny Saved Is a Penny Earned -- Does a Delaware Claimant Have the Right to Refuse Express Scripts?
Posted on 10 Oct 2011 by Cassandra Roberts

Right now the two books on our night stand were both written by finance guru and born-again Christian Dave Ramsey. Tom is reading The Total Money Makeover and I am engrossed in Financial Peace. Dave also created a money management series called Financial... Read More

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys
Posted on 25 Oct 2011 by Cassandra Roberts

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment... Read More

An Embolism, an Appendix and Dr. Bandera in Delaware
Posted on 16 Apr 2012 by Cassandra Roberts

I always look for the "funky" cases. You may recall when I offered y'all a salute to "defecation syncope". Good times, those were.....In checking out the latest releases from the Delaware IAB, I stumbled across a couple of little... Read More