Delaware Detour and Frolic

Delaware Detour and Frolic
A workers' comp law blog by Cassandra Roberts

ABOUT ME I am a newcomer to the Larson's National Workers' Compensation Advisory Board, but a seasoned workers' compensation practitioner from "The First State." Delaware born and bred, I have been practicing in the workers' compensation arena more than half my life now, with almost 27 years in private practice. The senior workers' compensation partner in the law firm of Young Conaway Stargatt & Taylor, LLP, I represent both employers and carriers in defense before the Delaware Industrial Accident Board and also appear for injured workers on a consistent basis. I enjoy having a mixed bag of challenges and find that switching it up provides me with a balanced perception of how the workers' compensation laws of our state impact both the injured worker and the insurance industry. The best thing about a specialized practice in a small collegial state like Delaware is that it is possible to keep your hand on the pulse of our ever-developing law and our attorneys share practice pointers and war stories like neighbors talking over a backyard fence.

My areas of special interest in workers' compensation are occupational disease, toxic exposure, closed head injury, and "stress claims" defense.

I have been recognized by The Best Lawyers in America for workers' compensation for the last 7 years, by Delaware Today Magazine as a Top Lawyer, and I am the Editor and publisher of the Delaware Workers Compensation CaseLaw Update for the last 12 years. I was recently cited by the American Trial Lawyers Association as one of the Top 100 Trial Lawyers for Delaware.

I can be reached at croberts@ycst.com or (302) 571-6622. My professional profile can be viewed at my law firm's website, which is www.ycst.com. To be added to the mailing list for the Delaware Workers Compensation CaseLaw Update (at no charge), please contact my administrative assistant Michael Foster at mfoster@ycst.com.

Delaware Detour & Frolic has been selected as a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2009, in the Best Blogs to Watch category, a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2010, in the State-Specific Blogs category, a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2011, in the State-Specific Blogs category, a LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2012, in the State-Specific Blogs category, a LexisNexis Top Blogs for Workers' Compensation and Workplace Issues - 2013, in the State-Specific Blogs category, and a LexisNexis Top Blogs for Workers' Compensation and Workplace Issues - 2014, in the State-Specific Blogs category. "Truly one of the best kept secrets this past year has been Delaware Detour & Frolic by Cassandra Roberts, a senior partner at Young Conaway Stargatt & Taylor, LLP. This well-written law blog from 'The First State' is a rarity in that its author represents both employers and injured workers. If ever there was a blog with a balanced point of view, this is it." Full announcement and list of 2009 honorees here, 2010 honorees here, 2011 honorees here, 2012 honorees here, 2013 honorees here, and 2014 honorees here.

Subjects

Appeals
> Can't Buy Me Love:  Appellate Attorney's Fee Claim Whittled Down by Delaware Court (posted 7/25/2012) 

Arising Out of Employment
> Gone to the Dogs - Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery (posted 7/22/2009)

Attorney Fees/Medical Witness Fees
> Can't Buy Me Love:  Appellate Attorney's Fee Claim Whittled Down by Delaware Court (posted 7/25/2012)
> "How Many Doctors Does It Take....?" - Delaware Superior Court Awards Multiple Medical Witness Fees Where One Petition Falters (posted 5/20/2011)

Average Weekly Wage
> That Halloween Hi-Jinx Post ……and a Few More Dollars in Delaware (posted 11/3/2015)
> Small Change:  DE Superior Court Holds There Is No Distinction Between a “Probationary” And “Regular” Pay Rate In Calculating Wage Basis (posted 10/14/2014)
> The Second Time Around....and a DE Ruling on Average Weekly Wage and Incarceration (posted 9/13/2012)
> Back to the Future: A Retroactive Wage Adjustment in Delaware (posted 9/22/2011)
> More from the Delaware Supreme Court: This Time It's All About the Money (posted 2/18/2011)

Carrier-Related Issues
> Take This to the Bank: Carriers in DE Cannot Be Compelled to Use Direct Deposit (posted 11/16/2011)

Causation
> Late Breaking News from the Delaware Supreme Court on the Meaning of the Word “Resolved” (posted 11/4/2015)
> Holiday Roundup…… And a Fall From a Keg in Delaware (posted 12/5/2014)
> Christina’s World…… and the Ever-Generous Delaware Causation Threshold (posted 10/20/2014)
> The Perpetual Additur:  A Short Survey of Delaware IAB Decisions Seeking Additional Body Parts (posted 9/22/2014)
> Lara’s Theme…. And a Victory For Her Daddy In This DE Compensability Case (posted 7/12/2013)
> Cody Varnes, the Sequel.....and a Whole Lotta Nothin' at the Delaware IAB (posted 10/24/2012)
> Four Doctors and a Claimant-A Study In Lymphedema At the Delaware IAB (posted 10/9/2012)
> An Embolism, an Appendix and Dr. Bandera in Delaware (posted 4/16/2012)
> Where Do Broken Hearts Go? Not to the Delaware IAB, That's for Sure! (posted 3/19/2012)
> I Believe I Can Fly: A Song or a Theory of Compensability in Delaware? (posted 9/16/2011)
> The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware (posted 8/11/2011)
> A New Trend in Delaware?  Tybout "Dream Team" Overcome DCD Petitions on Causation (posted 4/19/2011)
> Hand Me another Big Mac:  Heart attack during PT compensable in DE for Jenny Craig Poster Boy (posted 8/10/2010)
> One for the Books in Delaware: "Defecation Syncope"? (posted 7/27/2010)

Commutation
> The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute (posted 4/22/2015)

Concurrent Employment
> A Tale of Two Paychecks: DE IAB Revisits Doctrine of Concurrent Employment (posted 1/29/2010)

Course and Scope of Employment
> A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope (posted 8/10/2015)
> Catherine the Great on The Porcelain Throne…… and The Personal Comfort Doctrine in Delaware (posted 7/29/2015)
> Holiday Roundup…… And a Fall From a Keg in Delaware (posted 12/5/2014)
> Do That To Me One More Time……..Australian Sex Case Reversed As To Course and Scope (posted 10/31/2013)
> Wawa and the Warehouse: Mixed Bag Results on Course & Scope in Delaware (posted 10/4/2013)
> Crockpots and Paychecks and Dismissals, Oh My! A Recent Course & Scope Ruling from DE (posted 7/30/2013)
> On the Road Again:  DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule” (posted 4/10/2013)
> In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses (posted 1/30/2013)
> Happy Birthday, Cruiser T.....and a Premises Rule Decision In DE That's a Gift for Claimants Everywhere (posted 12/10/2012)
> They've Paved Paradise and Put Up a Parking Lot....a Delaware Primer on the Premises Rule (posted 11/13/2012)
>The Savvy Sleuth Returns....And Course & Scope Victory Is Once Again His In This Delaware Remand (posted 10/8/2012)
> Have Crockpot, Will Travel: A Delaware Decision on Course & Scope (posted 5/1/2012)
> Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware (posted 4/27/2012) 
> A Roll In the Hay: Delaware's Horseplay Defense and Australia's Sex Romp Case Revisited (posted 4/25/2012)
> Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case? (posted 4/23/2012)
> A Little Bit of March Madness in September - A New Ruling from the DE IAB Regarding a Company Athletic Event (posted 9/30/2011)
> The PRO Sports Hall of Fame: A Couple of Golden Oldies on Athletic Events in DE (posted 9/6/2011)
> Two Out of Three Ain't Bad-- A Little Ditty about Course and Scope in Delaware (posted 7/8/2011)
> Course & Scope in DE: The Case of the Savvy Sleuth - Meeting in Bar with Alleged Co-worker Ruled Outside Course & Scope (posted 9/8/2010)
> When Irish Eyes Are Smiling: DE IAB Smiles on Claimant Holding Trip to Ireland Is in Course & Scope (posted 5/3/2010)

Credit Issues
> The Case of the Mega-Credit: A New Take on Fund Reimbursement in Delaware (posted 10/20/2015)

Daubert Challenges
> The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware (posted 8/11/2011)

Death Benefits
> The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute (posted 4/22/2015)
> No Weddings and a Funeral: Delaware IAB Discounts Funeral Bill (posted 11/29/2010)

Death-Related Issues
> Up the Appellate Ladder and Still No Section 2326 Permanency For Estate Of Injured Worker In DE Who Was Smothered In Grain (posted 4/2/2013)
> The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator (posted 4/17/2012)
> Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy (posted 2/28/2012)

Dental Cases
 > All I Want for Christmas is My Two Front Teeth: Delaware IAB Addresses Claims of Narcotic-related Tooth Decay (posted 12/17/2015)
> Mona Lisa Smile.......Not In This Delaware Dental Case!! (posted 12/8/2011)

Department of Labor News
> Change of Venue: Downstate Delaware Industrial Accident Board Moves to Dover (posted 1/15/2016)
> Delaware DOL Publishes New Rates…….. and a Law Firm Name Expands Just a Little (posted 7/30/2014)
> As the Temperature Climbs, So Do the Rates: DE Dept. of Labor 2012-2013 Rates Released (posted 7/5/2012)
> More Big Doin's in Delaware: New IAB Rules Proposed (posted 9/14/2011)
> A Local Earthquake Heralds Changes to the Delaware Work Comp Health Care Payment System (posted 8/23/2011)
> DE Department of Labor Announces New Comp Rates for 2011-2012 (posted June 15, 2011)
> Big Doings in Delaware--Lower Extremity Added to Practice Guidelines and Procedural Changes to UR (and a whole lot of other cool stuff) (posted June 14, 2011)
> Delaware: New (Lower) Workers' Comp Rates Effective June 22, 2010 (posted 7/6/2010)
> New Workers' Compensation Rates Effective June 16, 2009 (posted 7/11/2009)

Disfigurement
> Head Case: Some Funky Permanencies and a Disfigurement Admonishment in the First State (posted 12/14/2015)
> From the Holland Inn of Court-- A Delaware Tutorial on Disfigurement (posted 4/9/2015)
> Shining Scars and a Pocket Dictionary:  Delaware IAB Awards a Staggering 427 Weeks for Disfigurement (posted 11/17/2014)
> What’s In A Name?  DE IAB Awards Max Disfigurement For Leg Under Bagley (posted 8/14/2014)
> Ray’s Red Sox and a Home Run On the Bagley Analysis In a DE Disfigurement Case (posted 2/24/2014)
> Nickel and Dimed:  Delaware Disfigurement Award for Systemic Nickel Poisoning (posted 2/5/2014)
> Beauty Is In the Eye…..A Primer On Delaware’s Bagley Analysis For Disfigurement (posted 8/15/2013)
> Beauty is in the Eye.....a Delaware Roundtable on Disfigurement (posted 10/31/2012)
> Money Doesn't Grow on Trees--Unless You Are Shaking the Family Tree on a Delaware Disfigurement Claim (posted 6/24/2011)
> Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special (posted 3/9/2011)
> Delaware Disfigurement: What's a Urine Bag Worth? (posted 11/2/2010)

Displaced Worker
> Curtain Call on Illegals in Delaware: The Superior Court Affirms a New Class of Displaced Worker (posted 1/27/2016)
> None the Richer? Delaware IAB Finds Actual Displacement in Little Sisters of the Poor Case (posted 12/4/2015)
> Everybody Loves Pedro:  Delaware IAB’s Recent Ruling On Illegals Creates Migrant Headache For Employers (posted 4/10/2015)
> Delaware’s Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day (posted 10/22/2014)
> The Return of the Sua Sponte:  Delaware IAB Replies to Post About Displaced Worker (posted 8/6/2014)
> The Power of Sua Sponte……..Delaware IAB Raises Displaced Worker Doctrine and the Superior Court Remands for More (posted 8/5/2014)
> Twinsies: Delaware Finds In Favor Of a “Double Displaced” Worker And Issues a Fine (posted 2/19/2014)
> Delaware’s Jewell Hoey Is Still a Gem of a Displaced Worker (posted 11/20/2013)
> The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker (posted 3/26/2013)
> The Hurricane Sandy Post.....and a Displaced Worker In Delaware (posted 10/30/2012)
> More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not (posted May 25, 2011)
> The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State (posted 5/11/2011
> I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware? (posted 2/9/2011)
> 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 2/4/2011)

Discovery Issues
> A Little "Unhandsome Dealing" in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue (posted 3/6/2012)
> The Emperor's New Clothes: Delaware IAB Decision Strips Doctor Naked (posted 7/15/2010)

Employee Status
> Soup, Soap and Salvation -- Delaware IAB Rules That Salvation Army Rehab Program Participant Is Not an Employee (posted 4/1/2011)

Exclusivity Doctrine
> A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity (posted 4/4/2013)

Fines
> Twinsies: Delaware Finds In Favor Of a “Double Displaced” Worker And Issues a Fine (posted 2/19/2014)
> The Proverbs 31 Post....and a Little Utilization Review Round-Up in Delaware (posted 7/27/2011)
> The War Eagle Post:  Board Issues First Ruling In the "First State Orthopedics Class Action" -- And a Large Fine!! (posted 6/23/2011)
> Keep 'em Comin' - Fines in Delaware Now on a Roll........ (posted 1/13/2011)
> "Have Yourself a Merry Little Lifrak! (Delaware doctor fined under new statute)" (posted 12/21/2010) 
> Has the World Gone Mad? DE IAB decison rules that doctor's testimony satisfies Section 2322F(a) (posted 7/9/2010)
> Ignorance Is Bliss: Delaware IAB Strikes Fine Against Physician Who Did Not Know He Was Treating A Workers' Comp Patient (posted 3/17/2010)
> The Blind Side: More on That Delaware Doctor "Fine" Case (posted 3/2/2010)
> Delaware IAB Assesses First Section 2322F(g) Fine Against a Doctor for Failure to Complete Forms (posted 3/1/2010)  
> The Axe Has Fallen: DE IAB Imposes First Section 2322F Fine (posted 1/29/2010)

Hearing Loss
> The Carrot Cake Post.....and a Delicious Outcome on a Firefighter Hearing Loss Claim in Delaware (posted 8/1/2014)

Heart Attack and Stroke Cases
> Where Do Broken Hearts Go? Not to the Delaware IAB, That's for Sure! (posted 3/19/2012)

Holland Inn of Court News
> Holland Inn of Court Holiday Party Crowns Queen of Chili in Delaware (posted 12/16/2015)
> First Annual Chili Fest Is A Winner In The First State (posted 11/13/2014)

Illegal Aliens
> Curtain Call on Illegals in Delaware: The Superior Court Affirms a New Class of Displaced Worker (posted 1/27/2016)
> The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute (posted 4/22/2015)
> Everybody Loves Pedro: Delaware IAB’s Recent Ruling On Illegals Creates Migrant Headache For Employers (posted 4/10/2015)
> Delaware Supreme Court Rules That Illegals May Collect Partial Disability (posted 11/14/2014)
> The Return Of Krispy Kreme: Delaware Courts Ready To Revisit the Issue Of Illegal Aliens and Partial Disability? (posted 7/29/2014)
> The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker (posted 3/26/2013)
> The Dearly Deported Finally Depart: DE Supreme Court Affirms on Issue of Illegal Aliens (posted 2/6/2013)
> The Dearly Deported, Take Two.....DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens (posted 10/25/2012)
> The Dearly Deported-Illegal Alien Status Does Not Work a Forfeiture in Delaware (posted 2/9/2012)

Incarceration
 > The Second Time Around....and a DE Ruling on Average Weekly Wage and Incarceration (posted 9/13/2012)

Independent Contractor
 > No "News" Here: Delaware IAB Rules Newspaper Carrier Is Independent Contractor (posted 6/29/2010)

Insurance Coverage
>  You’ve Got Mail……And DE Superior Court Affirms IAB Ruling In Insurance Coverage Case (posted 8/26/2013)
> A Different Kind of Miracle on 34th Street--and the DE IAB Make Postage Law in a Coverage Case (posted 9/6/2011)

Jurisdiction
 > Don’t Mess with Texas…….and Other Issues of Jurisdiction in Delaware (posted 7/21/2015)
 > Holiday Roundup…… And a Fall From a Keg in Delaware (posted 12/5/2014)
 > How Do I Love Thee? DE IAB Takes Jurisdiction Of Dispute Over Commutation (Duh!) (posted 12/3/2010)
 > We Got You Covered!  DE IAB Issues Ruling Establishing Jurisdiction For Coverage Issues (posted 12/1/2010)

Labor Market Surveys
 > The Game Is Afoot: Delaware IAB Has Its First Application of Watson (posted 3/30/2012)
 > Let Me Count the Ways.....That Delaware's Watson Case Doesn't Apply (posted 1/9/2012)
 > Parks and Recreation: Delaware's Watson Standard Is No Slam-Dunk! (posted 12/21/2011)
 > Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court's Watson v. Wal-Mart (posted 12/12/2011)
 > Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys (posted 10/25/2011)

Late Pay
 > Better Late Than Never? Not So Much On Motion Day In The First State (posted 4/5/2013)

Medical Bills
 > Thank Heaven for Little Girls….. and “Clean Claims” in Delaware (posted 10/23/2014)
 > Hatchet Job: Delaware IAB Orders Separation of Bills for Compensable Body Part (posted 9/26/2011)
 > The War Eagle Post:  Board Issues First Ruling In the "First State Orthopedics Class Action" -- And a Large Fine!! (posted 6/23/2011)

Medical Travel and Mileage Issues
 > On the Road Again - Two Recent Releases Regarding Medical Travel in Delaware (posted 9/6/2011)

Medical Treatment
> Love without Borders: Delaware Law Eliminates Provider Certification Requirement for Out-of-state Treatment (posted 7/31/2015)
> Like a Virgin: Delaware IAB Denies Surgery and What a Difference a Year Makes! (posted 3/18/2015)
> Delaware IAB Denies Surgery to Pinocchio (posted 3/17/2015)
> A Tale Of Two Rudins: A Juxtaposition Of Outcomes On Surgery In Delaware (posted 2/13/2015)
> Christmas in Budapest: Delaware IAB Disallows Ketamine Infusions (posted 12/17/2014)
> The Turkey Gravy Post: Delaware Supreme Court Affirms Vanvliet And Non Comp-Certified Providers Come Up Dry (posted 11/21/2014)
> Little Deuce Coupe….. But Not On the Carrier’s Dime in Delaware (posted 4/4/2013)
> Grasshopper Cheesecake and an Extension of the Wyatt Doctrine in Delaware (posted 3/24/2014)
> DE Supreme Court Clarifies Emergency Treatment Exception to Section 2322B(8)(b) (posted 11/21/2013)
> Drugstore Cowboy: DE Supreme Court Upholds Carrier's Right to Supply Medication Through a Preferred Vendor (posted 7/16/2013)
> Everybody Loves Raymond........ and Delaware Superior Court Ruling Allows IAB to Bypass Utilization Review (posted 12/6/2012)
> Twice Blessed......and Two Spinal Cord Stimulator Cases From the First State (posted 10/2/2012)
> Put the Knife Back in the Butcher Block , Please – Another Ditty About Surgery at the Delaware IAB (posted 9/20/2012)
> Walks on Water? A Parable About Surgery From the Delaware IAB (posted 9/6/2012)
> The Back-to-School Post......and a Carrier Friendly Outcome in Delaware on the Use of Prescription Vendors (posted 8/28/2012)
> The Bid Day Post....And a Moment of Wonderment as the Delaware IAB Rules That UR -Certified Treatment Is Unreasonable/ Unnecessary (posted 8/13/2012)
> I'll Take Mine With Icing: A New Spin on Daubert in Delaware (posted 5/22/2012)
> Prescriptions Part Two: Delaware IAB Once Again Preserves Carrier Right To Utilize Preferred Drug Vendors (posted 3/7/2012)
> A Penny Saved Is a Penny Earned -- Does a Delaware Claimant Have the Right to Refuse Express Scripts? (posted 10/10/2011)
> The Continuing Saga of Provider Certification in Delaware: Baby New Year is Distinguished from Bertha Polk (posted 12/27/2010)
> RSD in DE: "Yes Sir, that's my baby"--70 year old Specialist is touted and Ketamine treatment upheld (posted 7/23/2010)
> Rubbed the Wrong Way? DE IAB rules massage therapists cannot piggyback on chiropractor's provder certification under Section 2322D (posted 7/13/2010)
> Kathleen Mason v. State of Delaware: A Double Play on Provider Certification & Reasonable & Necessary (Not) (posted 2/5/2010)
> Provider Certification in Delaware: And if they're not? The IAB speaks... (posted 12/28/2009)
> Over the River and Through the Wood: Delaware IAB on Mileage Reimbursement for Medical Treatment (posted 12/3/2009)

Miscellaneous
  > Save the Date in the First State! Wonderful Women of Work Comp Annual Cookie Swap (posted 9/21/2015)
  > One More Sox Fan for Eternity: Delaware Work Comp Bar Mourns the Passing Of Raymond Radulski (posted 2/26/2014)
  > Call of the Calendar: Two Upcoming Events for the Delaware Comp Bar (posted 1/29/2014)
  > No Room at the Inn: DE’s Work Comp Inn of Court Makes History With Largest Inaugural Membership of Any Inn to Date (posted 11/14/2013)
  > It's Not All About the Law: Delaware Lawyer Profiled for his "Compassion" (posted 10/10/2013)
  > Be Our Guest: DE Providers Host Medical School for Lawyers Dinner Seminar (posted 7/24/2013)
  > Sassy Cassy's 2012 Naughty & Nice List (posted 12/19/2012)
  > A Cat in a Pinafore.......and a Little Bit About the Delaware Farm Exclusion (posted 11/18/2011)
  > We're Off to See the Wizard:  Delaware Detour & Frolic a 2011 LexisNexis "Top 25 Blog" for Comp Issues (posted 11/7/2011)
  > Chicken Little?  Not in Delaware Where Blue Hen Case Rules MSA Commutation Enforceable (posted 5/13/2011)
  > Score One for Our Team: DSBA 2011 Annual Work Comp Seminar Is a Winner (posted 5/5/2011)
  > "As Iron Sharpens Iron.....":  A Fond Farewell to Jay Schmittinger (posted 4/13/2011)
  > An Invitation: The Delaware "Funky Permanencies".....What We Don't Know Can Hurt Us (A Campaign) (posted 3/21/2011)
  > Pride And Prejudice?  Delaware Supreme Court Rules That Hearing Officer Recusal Necessary Where Hearing Officer Has An Interview Pending With Defense Law Firm (posted 3/4/2011)
  > Freedom of Speech in Delaware, But Don't Mess with Texas (posted 3/1/2011)
  > Sometimes It's Not Just About the Law: Reflections on My Cat (posted 1/18/2011)

Occupational Disease
 > The All Hallows’ Eve Post…… and a Death Claim Denied in the First State (posted 10/29/2014)
 > Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case (posted 4/11/2013)
 > Just a Few Too Many Kodak Moments in This DE Occupational Disease Case (posted 3/12/2013)
 > Sarcoidosis, Sleep Apnea, Obesity….. Anything but Asbestosis in this DE IAB Victory for Employers (posted 3/4/2013)
 > A River Runs Through It…… Not in this Little Ditty about Mold Exposure in Delaware (posted 3/1/2013)
 > Chicken Impossible:  Second Time's a Charm for Avian Flu Case in Delaware (posted 3/1/2012)
 > Latency, Latency, Thou art Everything: DE Asbestos Award and Guess What? Permanency Award Based on AMA 6th (posted 8/24/2010)
 > Just Say No? A Retrospective of a Few Recent Occupational Disease Cases That Ended with an Epidemic of Denials (posted 10/14/2009)

Partial Disability (Diminished Earning Capacity)
> Delaware Supreme Court Rules That Illegals May Collect Partial Disability (posted 11/14/2014)
> Trusty Ruddy Does It Again-and a Thanksgiving Salute to Partial Disability in Delaware (posted 11/15/2011)

Permanent Impairment/AMA Guide
> Head Case: Some Funky Permanencies and a Disfigurement Admonishment in the First State (posted 12/14/2015)
> Rating the Gait: A New Take on Permanency in Delaware? (posted 10/26/2015)
> Let It Bleed: A Delaware Case On Venous System Impairment (posted 3/10/2015)
> If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment (posted 8/14/2013)
> Salt Water Taffy and a Tad Of Permanency--DE IAB Rules On Disputed Value Of a Pelvis and Creates a Value For the Biliary Tract (posted 8/6/2013)
> Up the Appellate Ladder and Still No Section 2326 Permanency For Estate Of Injured Worker In DE Who Was Smothered In Grain (posted 4/2/2013)
> Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case (posted 1/23/2013)
> Brain Teaser: A New Take on Head Trauma and Related Impairment in Delaware (posted 7/26/2012)
> A Double Dip of Permanency as Delaware Celebrates the Fourth of July (posted 7/9/2012)
> Less is More-A Study in Comparative Permanency Ratings in Delaware (posted 6/8/2012)
> The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator (posted 4/17/2012)
> Body of Evidence: Delaware IAB Rules on Motion to Exclude Findings Gleaned From Covert Autopsy (posted 2/28/2012)
> The Christmas Post-and an Empty Stocking on a Claim for Psychiatric Impairment (posted 12/19/2011)
> The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State (posted 11/9/2011)
> The Whitman Sampler-a Little Permanency Ruling Round-Up in Delaware (posted 10/21/2011)
> A Lesson in Pugilism: The Battle of the AMA Guides in DE (posted 8/24/2011)
> Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special (posted 3/9/2011)
> Permanency in Delaware: Rodgers is from Venus, Gelman from Mars (posted 1/6/2011)
> Merged Claim for Taste and Smell Impairment in Delaware Doesn't Pass the Sniff Test! (posted 10/27/2010)
> Latency, Latency, Thou art Everything: DE Asbestos Award and Guess What? Permanency Award Based on AMA 6th (posted 8/24/2010)
> No Headache for This Claimant When DE IAB Allows Permanent Impairment Benefits to Both the Head and the Brain (posted 6/29/2010)
> The Battle of the Guides in Delaware: IAB Rules on the 5th versus the 6th Edition for Permanency and Skirts the Issue (posted 7/2/2009)
> AMA Guide Round Up: IAB Reviews the AMA Guide Application Issue with Surprising Scrutiny (posted 10/7/2009)

Practice and Procedure
> Prima Facie Displacement in Delaware Does Not Bar Subsequent Petition for Review (posted 8/12/2015)
> Action Delayed Is a Continuance Denied In Delaware (posted 3/16/2015)
> Holiday Roundup…… And a Fall From a Keg in Delaware (posted 12/5/2014)
> Excuses, Excuses…… And a Lack Of Excusable Neglect In DE: Discovery Violations Lead To a $182K Bond And $23K In Attorney’s Fees (posted 8/14/2013)
> Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings (posted 4/19/2013)
> The Valentine’s Day Post: A Whitman’s Sampler of DE Motion Day Rulings (posted 2/14/2013)
> Change Is Constant....Well, Not So Much in this Delaware Termination Case (posted 6/1/2012)
> I'll Take Mine With Icing: A New Spin on Daubert in Delaware (posted 5/22/2012)
> The Cruiser T Post.....and a Whitman Sampler of Motion Day Rulings in Delaware (posted 4/13/2012)
> The Case of the Purple Robe.....and a Little "Motion Day Magic" in Delaware (posted 3/14/2012)
> The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered! (posted 9/13/2011)

Practice and Procedure/Medical Awards
> Show me the money: DE IAB rules medical expense check can issue directly to claimant (and her attorney) in lieu of provider (posted 9/9/2010)

Practice Guidelines
 > He Wrote the Book: DE Chiropractor and Member of Health Care Advisory Panel Offers Sneak Peek at Medical Records Text (posted 2/10/2010)
 > Cervical Spine Added to Delaware Practice Guidelines, Eff. June 1, 2009 (posted 7/1/2009)

Premises Rule
 > Happy Birthday, Cruiser T.....and a Premises Rule Decision In DE That's a Gift for Claimants Everywhere (posted 12/10/2012)
 > They've Paved Paradise and Put Up a Parking Lot....a Delaware Primer on the Premises Rule (posted 11/13/2012)

Provider Certification
> Love without Borders: Delaware Law Eliminates Provider Certification Requirement for Out-of-state Treatment (posted 7/31/2015)
> The Turkey Gravy Post: Delaware Supreme Court Affirms Vanvliet And Non Comp-Certified Providers Come Up Dry (posted 11/21/2014)
> God Rest Ye Merry? Well, Not So Much in This Delaware Superior Court Ruling on Provider Certification (posted 11/28/2012)
> A Momentary Lapse?  Period Of Lapsed Provider Certification In Delaware Not Sufficient To Disqualify Medical Bills (posted 2/10/2012)

Section 2311 Contractor Liability
> Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability (posted 6/12/2013)
> A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity  (posted 4/4/2013)
> Comfort & Joy, Part II:  DE Supreme Court Delivers Gift in Section 2311 Contractor Case (posted 11/27/2012)
> Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue (posted 12/2/2011)
> News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning (posted 2/25/2011)

Section 2353 Forfeiture
 > Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware (posted 12/30/2015)
> Section 2353 Extravaganza In Delaware:  A Forfeiture Based On Both Intoxication and Failure To Use a Safety Device (posted 4/14/2015)
> Fail Safe…… and the Failure of a Section 2353(b) Forfeiture Defense in Delaware (posted 7/24/2014)
> The Dearly Deported, Take Two.....DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens (posted 10/25/2012)
> The Dearly Deported-Illegal Alien Status Does Not Work a Forfeiture in Delaware (posted 2/9/2012)
> Plays Well With Others? Not In DE--Section2352(b) Forfeiture Defense Upheld For Employer (posted 10/22/2010)
> The Delaware "Pee Cup" Case: Failing a Urine Drug Screen Not Tantamount to Forfeiture under Section 2353(c) (posted 10/19/2010)

Section 2363 Lien
> The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien (posted 4/1/2013)

Seminars, Meetings, and Special Events
> DE Workers Comp Section Meeting on 10/11/11, aka Happy Hour at the Ale House (posted 10/4/2011)
> Save the Date! DSBA Work Comp Section Annual Breakfast Seminar (posted 9/28/2011)
> Sterling Advanced Work Comp Seminar (posted 9/27/2011)

Settlements
 > Late Breaking News from the Delaware Supreme Court on the Meaning of the Word “Resolved” (posted 11/4/2015)
 > Must Love Dogs:  DE Superior Court Rules Commutation Is Enforceable (posted 4/15/2014)
 > Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake (posted 8/16/2012)

Statute of Limitations
 > The Carrot Cake Post.....and a Delicious Outcome on a Firefighter Hearing Loss Claim in Delaware (posted 8/1/2014)
 > Leaving On a Jet Plane: DE Superior Court Allows 5 Year SOL For Claims Initially Recognized Elsewhere (posted 3/5/2014)
 > Delaware’s Lazarus Phenomenon: Expired Statute of Limitations Can Be Revived by Inadvertent Payment of Medical Bills (posted 1/28/2014)
 > Daddy’s Girl, Part 2:  DE Superior Court Affirms IAB ruling on Statute of Limitations (posted 8/21/2013)
 > Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations (posted 1/31/2013)
 > Not Just Another Daddy's Girl....And a New Development on the Statute of Limitations in Delaware (posted 7/31/2012)
 > No "Lunacy" Here in Delaware: Employer's Payment of Medical Bills Does Not Create an "Implied Agreement" for Statute of Limitations Purposes (posted 10/17/2011)
 > Beat the Clock: Implied Agreement in DE Enlarges Statute of Limitations to 5 Years (posted 7/28/2011)

Stress Claim
 > Dan in Real Life…….and the Denial of a Stress Claim in Delaware (posted 2/18/2013)
 > Delaware Stress Claim: The Sun'll Come Out Tomorrow--Not for This Andrea McCardle (posted 6/25/2010)

Successful Defenses
 > A New Trend in Delaware? Tybout "Dream Team" Overcome DCD Petitions on Causation (posted 4/19/2011)

Successive Carrier
 > The Pulled Groin Extrapolation (posted 2/12/2014)

Terminations
> House of Cards with a Delaware Address:  A Termination Denied and Dr. Medinilla’s Final Hearing (posted 12/15/2015)
> The Partnership Post:  Termination Granted In DE With No Award of Temp Partial (posted 6/4/2013)
> David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case (posted 1/11/2013)
> Ch-Ch-Ch-Changes..... But Not on a Delaware Term Petition (posted 1/8/2013)
> The Hurricane Sandy Post.....and a Displaced Worker In Delaware (posted 10/30/2012)
> Change Is Constant....Well, Not So Much in this Delaware Termination Case (posted 6/1/2012)
> Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case (posted 5/17/2012)
> The Game Is Afoot: Delaware IAB Has Its First Application of Watson (posted 3/30/2012)
> Let Me Count the Ways.....That Delaware's Watson Case Doesn't Apply (posted 1/9/2012)
> Parks and Recreation: Delaware's Watson Standard Is No Slam-Dunk! (posted 12/21/2011)
> Elementary, My Dear Watson: First IAB Decisions to Rule on Application of DE Supreme Court's Watson v. Wal-Mart (posted 12/12/2011)
> Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys (posted 10/25/2011)
> More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not (posted May 25, 2011)
> I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware? (posted 2/9/2011)
> 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 2/4/2011)

Total Disability
> Greetings from the Amalfi Coast—and No Voluntary Removal from Labor Market in Delaware (posted 7/3/2013)
> Beware of Tender: Offer of Fixed Period of Total Disability May Create Ongoing Entitlement (posted 8/14/2009)

Utilization Review
> Have Yourself a Merry Little Waiver:  Referral of Medical Treatment for UR Concedes Causation in Delaware (posted 12/16/2015)
> Flyin’ High………. And the Role of Utilization Review in a Delaware Drug Diversion case (posted 4/11/2014)
> Bruce Almighty….. and Another Surgery Is Awarded At the DE IAB (posted 6/3/2013)
> Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline (posted 4/15/2013)
> Just Say No! DE IAB Decision Affirming UR Denial of a Spinal Cord Stimulator Based on Addiction (posted 12/14/2012)
> Everybody Loves Raymond........  and Delaware Superior Court Ruling Allows IAB to Bypass Utilization Review (posted 12/6/2012)
> The Thanksgiving Post: Better Late Than Never Does Not Apply To Delaware "Payment Without Prejudice" (posted 11/16/2012)
> Serial Killer: Delaware IAB Addresses the Issue of Treatment Post-UR Non-Cert...and How Long Does a UR Non-Cert "Stick"? (posted 10/16/2012)
> Put the Knife Back in the Butcher Block , Please – Another Ditty About Surgery at the Delaware IAB (posted 9/20/2012)
> The Bid Day Post....And a Moment of Wonderment as the Delaware IAB Rules That UR -Certified Treatment Is Unreasonable/ Unnecessary (posted 8/13/2012)
> Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal (posted 4/20/2012)
> "Please Sir, I Want Some More": Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions (posted 4/2/2012)
> Hurts So Good:  Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator (posted 3/20/2012)
> Refried Beans - Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline (posted 2/21/2012)
> A New Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid (posted 1/10/2012)
> Oh, the Pain of Inadequacy: Chiropractor Trumps Doctor in this Delaware Utilization Review Appeal (posted 12/13/2011)
> The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware (posted 8/11/2011)
> The Proverbs 31 Post....and a Little Utilization Review Round-Up in Delaware (posted 7/27/2011)
> Big Doings in Delaware--Lower Extremity Added to Practice Guidelines and Procedural Changes to UR (and a whole lot of other cool stuff) (posted June 14, 2011)
> "Let Me Super-Size That".....Unsuccessful UR Appeal in Delaware for 400 lb. Missouri Resident (posted 5/23/2011)
> God Bless the Broken Road: Delaware IAB Rules on Major Issue of Procedure in UR (posted 4/29/2011)
> Keep 'em Comin' - Fines in Delaware Now on a Roll........ (posted 1/13/2011)
> Delaware UR Appellate Round-Up: Do We See a Trend Here (posted 9/24/2010)
> Level Playing Field in DE? New Directive Bans Defense Counsel From UR Distribution List (posted 9/7/2010) 
> Utilization Review in DE:  Baranoski case says no UR appeal necessary where DACD Petition for same medical treatment already pending (posted 8/12/2010) 
> Rubbed the Wrong Way? DE IAB rules massage therapists cannot piggyback on chiropractor's provder certification under Section 2322D (posted 7/13/2010)  
> Has the World Gone Mad? DE IAB decison rules that doctor's testimony satisfies Section 2322F(a) (posted 7/9/2010)
> Another Delaware UR appeal--The Jesus Syndrome: Dr. Rudin walks on water (posted 7/1/2010)
> Delaware UR: In case there was any question, the Utilization Review deadline is absolute (posted 6/25/2010)
> Delaware IAB Rules Utilization Review Decision Comes in on Appeal (posted 12/28/2009)
> Cavalcade of Reversals by  Delaware IAB in UR Appeals on Issues of Surgery (posted 4/23/2010)
> Defense Medical Expert Dr. John Townsend Weighs In on Delaware Practice Guidelines (posted 1/12/2010)
> Does Clinical Judgment Always Supersede the Guidelines? Or is it an Admission of Non-Compliance in DE? (posted 1/7/2010)
> A Rose By Any Other Name - De Novo Means De Novo (posted 8/17/2009)
> Ask the Doctor? Utilization Review in Delaware (posted 10/20/2009)
> A Tale of Two Med Claims: Delaware IAB  Utilization Review Appeal Number #2 is now in! (posted 11/2/2009)
> Brave New World! Delaware IAB Issues First Decision on an Appeal From Utilization Review (posted 10/2/2009) 

Witness Fees
> IAB Again Whittles Down Medical Witness Fee for Live Testimony (posted 7/6//2009

LINKS

> Delaware Dept. of Labor
> Delaware Workers' Comp Rate Chart
> Delaware Fee Schedule: Instructions & Guidelines
> Delaware Fee Schedule: Billing Data List
> Delaware Provider Certification
> Delaware Forms: Physician, Employer
> Delaware Utilization Review
> Delaware Forms: Compensation
> Delaware Employer Workers' Compensation Info
> Delaware Dept. of Labor Office Locations     

 LEXIS.COM USERS 

> Delaware Code
> Delaware Administrative Code
> Delaware Cases
> Delaware State Briefs and Motions
> Larson's Workers' Compensation Law
> Attorneys' Textbook of Medicine
> Attorneys' Dictionary of Medicine
> Proving Medical Diagnosis & Prognosis
> Lawyer's Guide to Medical Proof
> Occupational Injuries & Illnesses
> Common Diagnostic Procedures
> Advanced Practice Strategies Medical Illustrations 

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