LexisNexis® Legal Newsroom
Oh, the Pain of Inadequacy: Chiropractor Trumps Doctor in this Delaware Utilization Review Appeal

Today's post comes to us from Walt Schmittinger, offering up the outcome of a UR appeals case tried to the Board in Milford two weeks ago. The appeal was from a UR non-cert of chiropractic care with Dr. Michael Gandolfo. Here is what Walt had to say: "Actually I found it noteworthy as a...

The Christmas Post—and an Empty Stocking on a Claim for Psychiatric Impairment

Above is picture of my kitty's Christmas stocking. A needlepoint image of a grey-brown mackerel tabby that looks alarmingly like the real thing. My husband was horrified that I paid $36.00 for the stocking at a boutique in Greenville; but that is nothing compared to the $66.00 "Pottery Barn...

A New Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid

A big shout-out to Nancy Chrissinger Cobb and Mike Galbraith who kept their promise to provide me with a "breaking news" update when the Superior Court ruled on the pending challenge to the 45-day UR appeal period. The decision of Judge Streett released January 6, 2012 represents a consolidation...

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library has been no small task and as such, I have been...

Refried Beans – Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline

In my post of 1/10/12 titled "A new Spin on Mexican take-out: Delaware Superior Court strikes 45 day UR appeal period as invalid", I alerted y'all to the ruling by Judge Streett on January 6, 2012, representing a consolidation of three cases: Salvador Avila-Hernandez v. Timber Products...

Where Do Broken Hearts Go? Not to the Delaware IAB, That’s for Sure!

The title of this post is a salute to the late great Whitney Houston. This week we have a guest blogger, Wil Davis, of the New Castle County Law Department. Wil is one of two guest bloggers who will be featured on The Detour & Frolic this week. I am grateful to Wil for highlighting a recent IAB decision...

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update on the topic of UR appeals. And is it all that...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

An Embolism, an Appendix and Dr. Bandera in Delaware

I always look for the "funky" cases. You may recall when I offered y'all a salute to "defecation syncope". Good times, those were.....In checking out the latest releases from the Delaware IAB, I stumbled across a couple of little diamonds in the rough. Something different, something...

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before I read this case, issued by the Board last week...

Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?

Today we are going to talk about the goings on elsewhere in the wacky world of comp. It is oddly appropriate that the week I joined the Linked In Work Comp Analysis Group, I stepped into the midst of a case that has garnered national attention. I would also direct you also to Robert Wilson's Workers...

A Roll In the Hay: Delaware’s Horseplay Defense and Australia’s Sex Romp Case Revisited

My post of 4/23/12, "Kangaroo Court: How Would Delaware Handle the Australian Hotel Sex Romp Case?" prompted a rare follow-up comment from Chief Hearing Officer Chris Baum that I cannot get out of my head. Thus, I am back again with the case in Australia....and not because I obsessed with sex...

Have Crockpot, Will Travel: A Delaware Decision on Course & Scope

As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of...

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is not the kind that blazes a new trail of case law...

Change Is Constant....Well, Not So Much in this Delaware Termination Case

Lately, I have been happy to hear from several of you, making my job easy highlighting cases right and left and providing me with insightful commentary. The latest in this stream of personal good fortune is Clayton Bunting....one of my dear ones from "Slower Lower", as I so affectionately call...

Can’t Buy Me Love: Appellate Attorney’s Fee Claim Whittled Down by Delaware Court

It's amazing what money can buy in the First State. It can purchase one heck of a lot of advocacy in an appeals brief, without a doubt. But that's not quite what today's case is about. The Superior Court decision du jour is Robert Bruce v. Chrysler , C.A.No. N10A-05-013-CLS (Del. Super. June...

The Bid Day Post….And a Moment of Wonderment as the Delaware IAB Rules That UR - Certified Treatment Is Unreasonable/ Unnecessary

Today is auspicious for two reasons. First it is "Bid Day" at Auburn University. Picture above is my Sweet Caroline (in the white eyelet dress) offering a "bid" to her little sister. And another great Gamma Phi Beta tradition continues....... Talking about traditions, one was...

The Back-to-School Post……and a Carrier Friendly Outcome in Delaware on the Use of Prescription Vendors

It seems this week that everyone is sending their little darlings back to school. Pictures all over Facebook of the ornery little so-and-so's waiting for the bus, sporting all manner of new duds, their gap-toothed little faces smiling for the cameras. As anyone who knows me well can tell you, I am...

Walks on Water? A Parable About Surgery From the Delaware IAB

Okay, so the ridiculously cute kids pictured above are Daniel and Juliette Kimmel, Larry's kids. This case has nothing to do with Larry.....the kids are just THAT cute that they deserve to be enjoyed by everyone, and the beach pics are an apt salute to the official end of summer...... After my last...

The Second Time Around….and a DE Ruling on Average Weekly Wage and Incarceration

Love is lovelier, the second time around Just as wonderful, with both feet on the ground It's that second time you hear your love song sung Makes you think perhaps that love, like youth, is wasted on the young [Lyrics from: http://www.lyricsfreak.com/f/frank+sinatra/second+time+around+the_10122399...

Twice Blessed……and Two Spinal Cord Stimulator Cases From the First State

Above is a picture of Keri Morris' twins Madison Rose and Landon. They were recently in a wedding and don't they look cute enough to be the cake topper? Every time I look at this pic, it tickles me how the little guy has a cheese cracker in his hand.......someone ought to tap him for a Cheez...

Four Doctors and a Claimant—A Study In Lymphedema At the Delaware IAB

Thought I was done posting this week until I heard from Don Marston with a little tutorial on lymphedema. Now how could I turn that one down? So here you have it: "Here is a case that may have some appeal for your blog. Lymphedema is not a common issue, at least in my practice. John...

Cody Varnes, the Sequel…..and a Whole Lotta Nothin’ at the Delaware IAB

This was sent to me by defense counsel (and fashion icon) Paula Witherow. I wanted her commentary on our cases du jour, but all I got was a copy of two decisions in the case of Cody Varnes v. Diamond State Mechanical . Paula is not one to boast, but boast she should as she won this one twice.....and...

David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case

You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the result of a work-related motor vehicle accident ...

Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations

All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws it without prejudice, and then re-files it...