Ray’s Red Sox and a Home Run On the Bagley Analysis In a DE Disfigurement Case

Ray’s Red Sox and a Home Run On the Bagley Analysis In a DE Disfigurement Case





I am rarely at a loss for words but with the sudden passing of Ray Radulski over the weekend, I really have nothing to bring to the table today.  What a loss to the Delaware work comp bar.  An appropriate tribute will follow later this week.  Ray loved the Red Sox and thus this post has a title from a mind that is otherwise quite blank today.

Thankfully, defense lawyer Joe Klusman sent me something last week after I put a call out for the lawyers to send me a case where they didn’t prevail.  Joe not only did that, but he sent something worth blogging about.  I will leave it to Joe:

“Hi Cassandra.  In the spirit of sending you a decision on a case which I lost, attached is the Board's decision in the Mims case.  This is a lady with extreme burns over a large portion of her body caused by hot oil.  The claimant had already been paid 50% perm to the skin.  I argued that the scarring should be limited to one body part, that being the skin.  The Board didn't accept this argument.  Mr. Baum provided a very good analysis of their rationale, as well Bagley calculation. I'm still very pleased with the ultimate number awarded for disfigurement.”

The bottom line is that claimant was awarded 312 weeks for the disfigurement.  I will leave you to read the decision.  From the perspective of the claimant’s bar, it’s a keeper!

The case is Jacqueline Mims v. Sherms Catering, LLC, IAB# 1381015 (2/12/14).

Cassandra Roberts

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