LexisNexis® Legal Newsroom
Gone to the Dogs – Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery

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 , IAB Decision, Hearing No. 1320555 (June 23, 2009)...

Cavalcade of Reversals by Delaware IAB in UR Appeals on Issue of Surgery

In a series of recently released decisions, the Delaware Industrial Accident Board on appeal consistently upheld the propriety of surgery, overturning the Utilization Review declaration that such surgery was non-compliant with the newly-enacted Delaware Health Care Practice Guidelines. Of the four cases...

When Irish Eyes Are Smiling: DE IAB Smiles on Claimant Holding Trip to Ireland Is in Course & Scope

A possible case of first impression? The latest ruling from the Delaware Industrial Accident Board on the issue of course and scope was brought to my attention by colleague Stephen Morrow, representing the claimant in a case involving a paid junket to Ireland. The claimant was an employee of Blue Cross...

Delaware Stress Claim: The Sun'll Come Out Tomorrow--Not for this Andrea McCardle

Okay, you are probably wondering about the title. Andrea McArdle, a different one, with a slightly different spelling (McArdle), was a child actress from Philadelphia (a little bit of local color) pulled from the chorus of the Broadway musical Annie, to take the lead when the headliner became ill. At...

No "News" Here: Delaware IAB Rules Newspaper Carrier Is Independent Contractor

This week's headlines coming out of the Delaware IAB included a decision involving employment relationship. In Michael Watson v. Independent Newspapers , IAB# 1349323 (6/17/10), the Board considered the defense that the claimant, who also held full time employment at Hanover Foods, was an independent...

No Headache for This Claimant When DE IAB Allows Permanent Impairment Benefits to Both the Brain and the Head

In 2006 the claimant was struck in the head by a falling box. Prior to the litigation in question, there was a voluntary award of 5% impairment to the brain; the testimony of Dr. John Townsend (for the claimant) suggests the rating was based upon depression and the testimony of Dr. William Sommers (for...

Another Delaware UR appeal--The Jesus Syndrome: Dr. Rudin walks on water

Okay, that’s an edgy title, even for me. But you would think one would have figured out by now that the issue of surgery at the Board is sacred. And that Dr. Bruce Rudin’s arrival in Delaware approximately 15 years ago as the first certified spinal surgeon in the First State was akin to the...