Workers' Compensation

Recent Posts

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

None the Richer? Delaware IAB Finds Actual Displacement in Little Sisters of the Poor Case
Posted on 4 Dec 2015 by Cassandra Roberts

Coming to me by way of claimant attorney Rich Wilson, I give you Mary Matharu v. Little Sisters of The Poor , IAB#1424369 (11/18/15) , which is an ode to the displaced worker doctrine and the Board’s most recent commentary on what it takes to be... Read More

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

Delaware’s Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day
Posted on 21 Oct 2014 by Cassandra Roberts

While I was in London I heard from my good friend Joe Klusman. Pictured above is the Klusman Klan at what I think is a wedding—aren’t they just dressed to the nines? I am delighted to feature Joe and his crew as a bit of a change from my usual... Read More

Delaware: Employer Must Show Available Work Within Worker’s Limitations, Including Worker’s Undocumented Status
Posted on 5 Feb 2016 by Larson's Spotlight

Evidence supported the Board’s finding that an employee was a displaced worker where, following surgery on her left wrist, the worker had been released to light-duty, one-handed work but, because of limited education, inability to speak English... 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

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

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

The Hurricane Sandy Post…..and a Displaced Worker In Delaware
Posted on 30 Oct 2012 by Cassandra Roberts

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More

The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker
Posted on 26 Mar 2013 by Cassandra Roberts

You've got to hand it to Mike Silverman. I count Mike among my dear friends and often find him at the top of my list of opponents. I have seen Mike in action recently as it relates to the client who speaks no English. Mike is fluent in Spanish and... Read More

Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"?
Posted on 4 Feb 2011 by Cassandra Roberts

Today is my birthday post. A big shout out to my Mom (we call her the Queen Mother) who gave me life several decades ago (and that's about all I have to say about my age). I love my life, my daughters, my husband and especially my new kitty (another... Read More

The Hurricane Sandy Post…..and a Displaced Worker In Delaware
Posted on 30 Oct 2012 by Cassandra Roberts

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business... Read More

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State
Posted on 11 May 2011 by Cassandra Roberts

Okay, Sean Gambogi of the Kimmel, Carter, Roman & Peltz (did I leave anyone out?) firm, this one's for you. This year marks the 20th anniversary of the case of Jewell Hoey v. Chrysler and for those of you who think of me as a defense attorney... Read More

More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not
Posted on 25 May 2011 by Cassandra Roberts

This should be titled the "quick post". Minimal frills, minimal banter, no photos...... Today Jodi Cianci of the defense firm Chrissinger & Baumberger sent me the attached case. Termination of total disability granted in favor of the employer... Read More