Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

Cases involving head trauma are usually taken pretty seriously by the Delaware IAB.  And the experienced practitioner knows that a variety of permanency can be fleshed out of a good old-fashioned knock on the noggin.  As a chronic migraine sufferer (with no history of trauma), I for one am quite sympathetic.   I have known headache pain that makes childbirth look like a walk in the park.  And I am also old enough to remember the Avon lady selling perfume and cosmetics door to door.

Which brings us to today's case recently issued by the Superior Court - Jennings v. Avon Products, 11A-08-005, Carpenter, 1/4/2013, affirming an IAB decision which declined to award permanency benefits as claimed to the cervical spine, the vestibular system, the brain and the head.  And I offer this decision as instructive of how the AMA Guides look at the issue of impairment to these body systems.  Dr. John Townsend testified for the claimant; Dr. Roberts Varipapa testified as the defense expert-both are neurologists.  Both this opinion and the IAB decision below address the following questions:

   Neck pain with full range of motion-what'll it get you?

   Is a positive Hallpike's maneuver worth anything without an ENG?

   What is the value of a headache log?

   To vomit or not to vomit.... that is the question

   Is the claimant "irritable" due to head trauma residual or because the comp case didn't quite go his way?

Congrats to Frank Nardo of Tybout, Redfearn & Pell for persuading the Board (and the Court) that not everyone who has a 13-pound box dropped on their head has a lifetime of dizziness in front of them.

Irreverently yours,
Cassandra Roberts

    Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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