LexisNexis® Legal Newsroom
Back to the Future: A Retroactive Wage Adjustment in Delaware

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time an Agreement as to Compensation is tendered. A...

Back to the Future: A Retroactive Wage Adjustment in Delaware

Mike Galbraith is the man of the hour. I always love being blessed by those who highlight significant developments in this recent case law for me. Or obscure or unique issues. Here is an issue for you: Average weekly wage is fleshed out at the time an Agreement as to Compensation is tendered. A year...

Hatchet Job: Delaware IAB Orders Separation of Bills for Compensable Body Part

Today's post is offered up by attorney Chris Logullo of Chrissinger & Baumberger. A recent Motion Day Hearing on the issue of what happens when the carrier requests that the doctor delineate his medical charges to parcel out the compensable treatment for an arguably unrelated body part and the...

Save the Date! DSBA Work Comp Section Annual Breakfast Seminar

It's Christmas in January, folks! The annual Work Comp Section seminar will be held this year on Wednesday January 25th at 8:30 a.m. at the Riverfront. This event, chaired by Gary Baker and Jessica Welch, has become overwhelmingly popular and is designed to cover the current "hot topics"...

A Little Bit of March Madness in September – A New Ruling from the DE IAB Regarding a Company Athletic Event

Props to Larry Kimmel of Kimmel, Carter, Roman & Peltz, who rather sheepishly shared our case du jour. He was embarrassed because he won and didn't want to appear like he was trying to call attention to himself. Anyone who knows Larry knows that that is just not his way. Thank you Larry for bringing...

A Penny Saved Is a Penny Earned -- Does a Delaware Claimant Have the Right to Refuse Express Scripts?

Right now the two books on our night stand were both written by finance guru and born-again Christian Dave Ramsey. Tom is reading The Total Money Makeover and I am engrossed in Financial Peace. Dave also created a money management series called Financial Peace University-- I like to think that my thrifty...

A Penny Saved Is a Penny Earned -- Does a Delaware Claimant Have the Right to Refuse Express Scripts?

Right now the two books on our night stand were both written by finance guru and born-again Christian Dave Ramsey. Tom is reading The Total Money Makeover and I am engrossed in Financial Peace. Dave also created a money management series called Financial Peace University-- I like to think that my thrifty...

No "Lunacy" Here in Delaware: Employer's Payment of Medical Bills Does Not Create an "Implied Agreement" for Statute of Limitations Purposes

Today is post is compliments of Nancy Chrissinger Cobb. And spoiler alert-- this case is boring. Not your usual Harlequin romance of a workers comp scenario..... But that said, it was authored by Chief Hearing Officer Baum and that alone makes it worth perusing. It's not his fault that the facts...

No "Lunacy" Here in Delaware: Employer's Payment of Medical Bills Does Not Create an "Implied Agreement" for Statute of Limitations Purposes

Today is post is compliments of Nancy Chrissinger Cobb. And spoiler alert-- this case is boring. Not your usual Harlequin romance of a workers comp scenario..... But that said, it was authored by Chief Hearing Officer Baum and that alone makes it worth perusing. It's not his fault that the facts...

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment, folks. Behold the new - a case released by...

Reversal of Fortune: Delaware Supreme Court Delivers Blow to the Use of Labor Market Surveys

At the risk of being accused of overstating the situation, all I can say is it's the end of an era. I am reminded of Second Corinthians 5:17: "The old has passed away; behold, the new has come." I think this is a Second Corinthians moment, folks. Behold the new - a case released by...

We’re Off to See the Wizard: Delaware Detour & Frolic a 2011 LexisNexis “Top 25 Blog” for Comp Issues

I am taking today off and sharing the accolades given to the Detour & Frolic, now a Top Blog for three years running. In the true spirit of celebration, I am also sharing a picture of Sweet Caroline at her recent sorority formal. I love it when I get to quote someone else. So my gratitude...

Trusty Ruddy Does It Again—and a Thanksgiving Salute to Partial Disability in Delaware

You have to love Kris Starr. A former Hearing Officer for the Delaware IAB, Kris set his sights on private practice a few years ago, and with him he brought an encyclopedic understanding of the basics of the work comp law, as well as the intricacies that allow a practitioner to stand out. Kris sent me...

Take This to the Bank: Carriers in DE Cannot Be Compelled to Use Direct Deposit

Continuing holiday blessings to you all. I am torn between the lure of the kitchen and that little pile of case law sitting on the sideboard that mocks me daily. Today's holiday hurrah goes out to Linda Wilson of Marshall, Dennehy who offers up a little morsel of enlightenment. The proposition...

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed a continuing obligation on contracting entities...

Mona Lisa Smile…….Not In This Delaware Dental Case!!

Holiday greetings to one and all. And a shout out to my new urban legend, that rascal Gary Baker. Do y'all remember my post of 7/22/09? Titled "Gone to the Dogs...." , it was a little ditty about course and scope and the idiopathic fall defense involving veterinary surgeon Dr. Laci Nash...

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...