Workers' Compensation

Recent Posts

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 Partnership Post: Termination Granted In DE With No Award of Temp Partial
Posted on 4 Jun 2013 by Cassandra Roberts

This post is a salute to Andy Carmine, who recently made partner at Elzufon, Austin, Tarlov & Mondell, which represents a collection of talented lawyers and some of my favorite people. I told Andy that I wanted his next IAB decision for the blog,... Read More

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case
Posted on 11 Jan 2013 by Cassandra Roberts

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the... 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

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

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

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart
Posted on 13 Dec 2011 by Cassandra Roberts

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether... 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

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case
Posted on 11 Jan 2013 by Cassandra Roberts

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the... 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

Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court’s Watson v. Wal-Mart
Posted on 13 Dec 2011 by Cassandra Roberts

In my post of 10/25/11, titled "Reversal of Fortune" , I announced the Delaware Supreme Court decision in Watson v. Wal-Mart , and expressed a number of concerns, along with some commentary from fellow members of the work comp bar, as to whether... Read More