LexisNexis® Legal Newsroom
Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from...

Happy Birthday, Cruiser T…..and a Premises Rule Decision In DE That’s a Gift for Claimants Everywhere

Today is Cruiser T's first birthday. You may recall that little Cruiser is the younger of my two rescue cats.....his older sister being the infamous Nutella Grace. I think I am going to bring home a vanilla ice cream cake and let Cruiser have at it. Today is also special in that I heard from Brian...

Just Say No! DE IAB Decision Affirming UR Denial of a Spinal Cord Stimulator Based on Addiction

"One drug is too many and a thousand not enough." (Anonymous) Luciana Gorum sent me today's decision because she thought I needed a good laugh. And while there is nothing funny about addiction, this case does prompt a chuckle over the comedy of missteps surrounding the injured worker...

Just Say No! DE IAB Decision Affirming UR Denial of a Spinal Cord Stimulator Based on Addiction

"One drug is too many and a thousand not enough." (Anonymous) Luciana Gorum sent me today's decision because she thought I needed a good laugh. And while there is nothing funny about addiction, this case does prompt a chuckle over the comedy of missteps surrounding the injured worker...

Sassy Cassy’s 2012 Naughty & Nice List

Due to recent events it is highly unlikely there will be another post prior to Santa's arrival. As well all know, I like to give Santa a heads up about who's been naughty and who's been nice and it is enough of a tradition that folks have been asking about the list. So here goes nothin'...

Sassy Cassy’s 2012 Naughty & Nice List

Due to recent events it is highly unlikely there will be another post prior to Santa's arrival. As well all know, I like to give Santa a heads up about who's been naughty and who's been nice and it is enough of a tradition that folks have been asking about the list. So here goes nothin'...

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the relevant, here's what Joe had to say, however...

Ch-Ch-Ch-Changes….. But Not on a Delaware Term Petition

Vaudie Puckett. Now there's a name for you. And today we hear from defense attorney Joe Klusman alerting us that the DE Supreme Court has ruled. And with a name like Vaudie Puckett, it's no wonder things did not go his way. But turning to the relevant, here's what Joe had to say, however...

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 ...

Head Case: Superior Court Upholds Delaware IAB Decision Denying Permanent Impairment In Head Trauma Case

Cases involving head trauma are usually taken pretty seriously by the Delaware IAB. And the experienced practitioner knows that a variety of permanency can be fleshed out of a good old-fashioned knock on the noggin. As a chronic migraine sufferer (with no history of trauma), I for one am quite sympathetic...

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...

The Dearly Deported Finally Depart: DE Supreme Court Affirms on Issue of Illegal Aliens

Folks, I will make this brief. If you want more detail check my posts of 2/9/12 and 10/25/12 regarding what happens when an illegal alien is deported and is thus not available for a ("DME"). The IAB as well as the Superior Court rejected the carrier's claim that the deportation worked a...

The Valentine’s Day Post: A Whitman’s Sampler of DE Motion Day Rulings

As my girls used to say when they were little, today is a "lucky day".....which by their standards meant a special day such as when the school cafeteria was serving hot dogs and tater tots. I cherish today because this particular Valentine's Day is the 10 year anniversary of Tom asking...

Dan in Real Life…….and the Denial of a Stress Claim in Delaware

Today I violate my usual rule of "do not blog about thyself." For months I have been telling my opponent Mike Bednash that, for better or worse, this case was headed for the blog. And it's a stress claim-so who doesn't want to read about one of those? Here is the gist: Claimant...

The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding from the Delaware Supreme Court is Kingsley Simendinger...

Up the Appellate Ladder and Still No Section 2326 Permanency For Estate Of Injured Worker In DE Who Was Smothered In Grain

You first read about this case in regard to my post of 2/28/12 (Body of Evidence) and also 4/17/12 (The Ultimate Soy Allergy) . This unfortunate claimant was crushed to death in a grain elevator. The first post had to do with the claimant's counsel conducting an exhumation and autopsy on the down...

A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity

Today's post comes to us courtesy of Mike Sensor. Mike contacted me last week with some background information in a case of first impression for which he was awaiting a bench ruling transcript from Sussex County Superior Court. I am always excited to hear from Mike, as he is someone I consider to...

Better Late Than Never? Not So Much On Motion Day In The First State

Today's post comes to us from Mike Silverman. To many of you, Mike in a principal in Silverman, MacDonald and Friedman. To the rest of us, he is Daddy to collegiate golf's new "it girl"...... Maddy "Boom Boom" Silverman. Maddy is living the dream at Boston University (on Mike's...

On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme Court on an issue for which there was enough...

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore v. Expert Management (fka/AstraZeneca) , IAB#...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year period...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v. United...

Bruce Almighty….. and Another Surgery Is Awarded At the DE IAB

Today's post comes to us via Dr. Bruce Rudin. You know, Dr. Rudin of the "Jesus Syndrome, Walks on Water" fame? This case is the employer's appeal of a Utilization Review certification of cervical spine surgery and related treatment rendered by Dr. Rudin. For my part, I do not find...

It’s not all about the law: Delaware lawyer profiled for his “Compassion”

I am delighted to turn over today’s spotlight to my dear friend and respected colleague Gary Baker of Elzufon, Austin, Tarlov & Mondell. Not only is Gary a formidable adversary in his everyday role as defense counsel for any number of local employers , he is also an active participant in Compassion...

The Return Of Krispy Kreme: Delaware Courts Ready To Revisit the Issue Of Illegal Aliens and Partial Disability?

This is a follow up to my post of 3/26/13— The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker . You may remember it, courtesy of claimant lawyer Mike Silverman - Angel Francisco v. Natural House , IAB# 1349699 (3/18/13). Citing the Gonzalez v. Krispy Kreme case...