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Workers' Compensation

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

Red Velvet Cupcake

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none."  Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years.

Today's post is interesting in that it seems to be yet another chapter in a series of cameo appearances by doctors in specialties that test the boundaries of their normal skill set.  I have blogged ad nauseum about Dr. Bandera, a rehab doc, who has attempted to testify as an infectious disease guy, a pulmonologist, and even a cardiologist.  So what we have today is Dr. Gelman taking on the role of Dr. Freud.  Wherever will it end?

Enter stage left attorney Kris Starr.  Representing the claimant in Lynn Hampton v. Courtland Manor Nursing, IAB# 1369570 (5/10/12).  So says Kris:

"The case of the conditional surgery approval. All I need is a psychiatrist's note." So, my Daubert objection did, in fact, get the Board's attention. And, they sustained part of it in a foot note. Request for a significant back surgery, history of underlying mental illness, but not making a Cephas claim. Gelman the psychiatrist versus Katz the spine surgeon with Daubert icing. This one has something for everyone.

May I just note that Andy Carmine, Esq., is a true scholar and gentleman opponent. I will take a case with him anytime. And Quick Fire Fowler.....I am just in awe.  If you feel it is bloggable...please have at it!"

This case is being offered as a little tutorial where there is an arguable basis to oppose surgery because the claimant supposedly has a psychiatric infirmity that renders her a less than suitable candidate.  And some of you may find it curious that the Board awarded the surgery in the face of "some lingering doubt as to the reasonableness of the procedure" and further expressed concern that Dr. Katz was a few cupcakes short of a baker's dozen as to knowledge of claimant's mental health history.

Congratulations Kris on your victory...congrats young Andy on being the most popular defense lawyer in the Delaware Bar.

And as for that cupcake-red velvet, anyone?

Irreverently yours,
Cassandra Roberts

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

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