Workers' Compensation

Recent Posts

Crockpots and Paychecks and Dismissals, Oh My! A Recent Course & Scope Ruling from DE
Posted on 30 Jul 2013 by Cassandra Roberts

What do a crockpot and a paycheck have in common? In this case they were two items that brought the claimant into her employer, Boscovs, on her day off. And this being my case on behalf of the employer, the fact that claimant used her employee discount... Read More

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware
Posted on 27 Apr 2012 by Cassandra Roberts

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on... Read More

"Blunder Down Under" – An Interview With Cassandra Roberts On the Australian Rough Sex In A Hotel Workers’ Compensation Claim
Posted on 26 Jun 2012 by Cassandra Roberts

Cassandra Roberts of Young, Conaway, Stargatt & Taylor LLP discusses an Australian workers' comp case involving injury to a government worker attending a conference (referred to the Australian rough sex case), the view of course and scope in Australia... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/18/2011) – Paving Worker Strikes Bowling Ball With Sledgehammer, Loses Eye and Workers' Comp Claim
Posted on 18 Nov 2011 by Larson's Spotlight

Larson's Spotlight on Death Benefits to Nonresident Aliens, Accidental Injury, Third Party Settlement Proceeds, Work Order Violation, and Prisoners. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson... Read More

Five Recent Cases You Should Know About (8/20/2010)
Posted on 20 Aug 2010 by Larson's Spotlight

Larson's Spotlight on Retaliatory Discharge, Subrogation, Ex Parte Communication, Volunteer Firefighter, Initial Physical Aggressor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand
Posted on 8 Oct 2012 by Cassandra Roberts

Today's post is the part two of my 9/8/10 post titled " The Case of the Savvy Sleuth "...... It was one of defense attorney Gary Baker's (Elzufon, Austin, Tarlov & Mondell) finest hours as he defeated the claim of a double amputee... Read More

Five Recent Cases You Should Know About (4/8/2011)
Posted on 8 Apr 2011 by Larson's Spotlight

Larson's Spotlight on Going and Coming Rule, Heat-Related Illness, COPD Claim, Usual Employment, and Voluntary Severance . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware
Posted on 27 Apr 2012 by Cassandra Roberts

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on... Read More

In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses
Posted on 30 Jan 2013 by Cassandra Roberts

Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz.... Read More

Mona Lisa Smile…….Not In This Delaware Dental Case!!
Posted on 8 Dec 2011 by Cassandra Roberts

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall... Read More

Course & Scope in DE: The Case of the Savvy Sleuth – Meeting in Bar with Alleged Co-worker Ruled Outside Course & Scope
Posted on 8 Sep 2010 by Cassandra Roberts

Reading the case of David Mosley v. Gateway House , IAB Hrg. # 1343902 (8/11/10) was a little bit like watching an episode of Columbo from my childhood. For some of you, perhaps reminiscent of The Rockford Files or any other offering involving a good... Read More

Texas Appeals Panel Decision No. 100130 - Waiver
Posted on 10 Sep 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford In Appeals Panel Decision No. 100130, t he carrier received written notice of the claimed injury on June 19, 2009. Benefits were not initiated until July 10, 2009, more than 15 days later. Within 60 days... Read More

The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE
Posted on 6 Sep 2011 by Cassandra Roberts

A special thank you to PRO Physical Therapy for their hospitality last week at Citizens Bank Park..... Aspiring athletes Ben & Allison Lengkeek enjoy a night at Citizens Bank Park, compliments of PRO Physical Therapy. Their Dad is my... Read More

Gone to the Dogs – Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery
Posted on 22 Jul 2009 by Cassandra Roberts

Cases that review the "idiopathic fall" doctrine pop up in Delaware on an occasional basis at best and often present interesting facts. In a recent decision of the Industrial Accident Board, Laci Nash v. Medical Management International ,... Read More

The Company Outing: Course of Employment Issues
Posted on 18 May 2012 by Robin E. Kobayashi

Summer is right around the corner, and with it comes annual company picnics, baseball games, parties and the like. These types of events raise a host of workers’ comp issues for employers. For example, last week my manager took our entire... Read More