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 Team. Christina is true to her pedigree and brings to the table not only athleticism but also exemplary scholarship; Fred’s pride is well-placed.
Turning back to all things legal, you all know what a “Hoey displaced worker” is. See Hoey v. Chrysler Motors Corp., No. 85, 1994, Hartnett J., (Del. Dec. 28, 1994) [enhanced version available to lexis.com subscribers]. If you do not, today’s decision is a good primer for your continuing comp education. We don’t see too many Hoey displaced workers, and as such, Fred sent me Donna Brittingham v. Delaware Supermarkets, IAB# 1376088 (11/6/13). Hearing Officer Susan Mack adjudicated this case and her trained eye spotted Donna Brittingham as the quintessential Hoey displaced worker, based on the following:
· No indication claimant had been terminated· Continued receipt of employee benefits such as health insurance· Lack of a COBRA notice· Long tenure with this particular employer· Union protection which would allow her to remain on comp for up to two years· Prior history of a light duty placement following injury
I agree with Susan Mack—this injured worker was the real deal. I know the real deal when I see it, having been Jewell Hoey’s attorney back in the day and having argued this case in our Delaware Supreme Court (and you neophytes thought I was only a defense lawyer).
Congratulations to Fred not only for his win at the IAB but also for his daughter’s collegiate accolades. Brings to mind one of my favorite Scriptures, if you will indulge me—“Train up a child in the way [s]he should go, and when [s]he is old, [s]he will not depart from it.” Proverbs 22:6 [NKJV]
Way to go, Fred!
Irreverently yours,Cassandra Roberts
Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts
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