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Delaware IAB Denies Surgery to Pinocchio

Today’s post comes to us from Wade Adams of Liberty Mutual. He is our guest blogger and I will leave it to him to tell the tale: "This is a case where Dr. Rudin performed a lumbar fusion on a claimant who had a negative MRI, but positive discogram on an accepted low back sprain. When Dr...

Like a Virgin: Delaware IAB Denies Surgery and What a Difference a Year Makes!

Today’s post comes to us from my dear colleague Jessica Leigh Julian of Marshall Dennehy. And it seems to me that there have been a flurry of proud defense lawyers standing up against the call of the scalpel. Jess joins Wade Adams this week in a successful challenge to a DACD Petition for surgery...

From the Holland Inn of Court-- A Delaware Tutorial on Disfigurement

Last night’s Randy J. Holland Workers’ Compensation Inn of Court featured a presentation on Legal Hearings, Motion Days and Disfigurement. We all enjoyed the skit and much valuable information (and heart-warming fellowship) was shared among the attendees. Special thanks to Natalie Wolf, Scott...

Everybody Loves Pedro: Delaware IAB’s Recent Ruling On Illegals Creates Migrant Headache For Employers

So fresh off the revelry of the Holland Workers Compensation Inn of Court and coming down from the sugar high created by cheesecake on parade, I hear from my dear one, Walt Schmittinger. And while I applaud Walt for his timely sharing of an IAB ruling that is destined to create a lot of fervor in the...

Section 2353 Extravaganza In Delaware: A Forfeiture Based On Both Intoxication and Failure To Use a Safety Device

It’s in the bag—urine that is. And can you even begin to guess why this claimant was wearing a bag of urine? I will let the ever-victorious Cheryl Ward tell it (eventually), but before I do, I just cannot contain myself--this case is a veritable trifecta of legal wonders: · No comp...

The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute

It has been an exciting week for this blogger. On Tuesday a group of us (Matt Fogg, Julie Pezzner, Gary Baker, Susan Ament, Mike Owen and Andy Carmine) travelled to Washington, D.C. to observe a Supreme Court oral argument and spend a few cherished moments in the chambers of Justice Ruth Bader Ginsberg...

Don’t Mess with Texas…….and Other Issues of Jurisdiction in Delaware

Good to be back in the saddle. The Detour & Frolic’s been too silent for too long, so look for us to be shaking things up a bit going forward. Frankly, I am tired of ya’ll asking me if you have fallen off Circle of Friends….not likely…..just no recent posts. And look for...

Catherine the Great on The Porcelain Throne…… and The Personal Comfort Doctrine in Delaware

Not since my post on Defecation Syncope (7/27/10) have I had this much fun. One of my personal faves as to claimant’s counsel, Cynthia Pruitt --protecting the rights of workers everywhere to empty their bladders on the job…… and then there is Joe Andrews on the defense, apparently...

Love without Borders: Delaware Law Eliminates Provider Certification Requirement for Out-of-state Treatment

Special thanks to Tara Bustard, Andy Carmine and Walt Schmittinger for bringing to my attention that House Bill 166 was signed into law on Monday. This is the long-awaited legislative remedy to the issues acknowledged by Wyatt v. Rescare and Vanvliet v. D&B Transportation (see my posts of 11/21/13...

A Little Béarnaise, a Proud Mama……and a Delaware Decision on Course & Scope

For those who don’t know it, Sweet Caroline is now working in litigation support for a few of my friends at Doroshow Pasquale, including Tara Bustard. No shrinking violet herself, Caroline couldn’t have a better role model for the proposition of “girl power.” This particular case...

Prima Facie Displacement in Delaware Does Not Bar Subsequent Petition for Review

I know the last post we had a bit of fun with the claimant’s name….Phil. A. Minion. Not to be confused with filet mignon. And on the heels of that little bit of mirth comes an offering from Chris McGarry of Elzufon, Austin, Tarlov & Mondell. I always love the decisions that come out...

Save the Date in the First State! Wonderful Women of Work Comp Annual Cookie Swap

This year’s Women of Comp Holiday Cookie Swap will be held at my office on Tuesday December 22, at noon (lunch included). Please save the date and let me know if you think you will be attending. And yes, I know this lowly little event can’t really compete with Scottie Mondell’s Big...

The Case of the Mega-Credit: A New Take on Fund Reimbursement in Delaware

In my capacity as your (hopefully) favorite local legal pundit, I am always looking for the unexpected, the clever, the savvy and the edgy. And perhaps the following case represents something savvy defense counsel have been doing in their own practices for years, but today’s case struck me as the...

Rating the Gait: A New Take on Permanency in Delaware?

Today’s selection is from Don Marston of Doroshow Pasquale et al. Here is what Don has to say: Here is what I believe to be the latest entry in the battle of low back perm vs. lower extremity perm. There are a couple of interesting aspects to this case. There was no offer because the carrier...

That Halloween Hi-Jinx Post ……and a Few More Dollars in Delaware

So this post is an unabashedly shameful effort to highlight Matt Fogg’s daughters in their Halloween costumes. I give you Katelyn and Madesyn Fogg. Yes, they are as cute as the dickens, but I understand Matt also has a couple of really special cats and I would welcome the chance to feature them...

Late Breaking News from the Delaware Supreme Court on the Meaning of the Word “Resolved”

Folks, this is what many of you have been waiting for. The latest word from the Supremes on whether describing the nature of injury on an Agreement as to Compensation tendered by the Employer to include the word “resolved” precludes a future claim for permanent impairment….and by extension...

None the Richer? Delaware IAB Finds Actual Displacement in Little Sisters of the Poor Case

Coming to me by way of claimant attorney Rich Wilson, I give you Mary Matharu v. Little Sisters of The Poor , IAB#1424369 (11/18/15) , which is an ode to the displaced worker doctrine and the Board’s most recent commentary on what it takes to be a displaced worker in the vein of the Watson case...

Head Case: Some Funky Permanencies and a Disfigurement Admonishment in the First State

This comes to us by way of Susan Ament of Morris James. Not like Susan to toot her own horn and in fact, this was sent to me by her paralegal. And when you are married to my brother, you get what I like to call “blog preference.” But I have to agree with those who forwarded this that there...

House of Cards with a Delaware Address: A Termination Denied and Dr. Medinilla’s Final Hearing

This post is dedicated to one of my all-time favorite Board members, who recently returned from the Delaware Industrial Accident Board, Dr. Otto Medinilla. I believe Dr. Medinilla has the distinction of being the only physician ever to serve the IAB and he will be sorely missed. In any event, this case...

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think is a well-known and well established proposition...

Holland Inn of Court Holiday Party Crowns Queen of Chili in Delaware

The Randy J. Holland Workers’ Compensation Inn of Court is an innovator, a trailblazer, and an otherwise rollicking good time. One of only 5 Inns in the United States to receive Platinum status in its first year of operation, this Inn goes where no one has dared to go before. And that includes...

All I Want for Christmas is My Two Front Teeth: Delaware IAB Addresses Claims of Narcotic-related Tooth Decay

Today’s post comes to us by way of Fred Freibott and curiously, this case was already pulled to be featured on the blog, actually one of two cases on a related subject. As a legal pundit of sorts, I think of it as part of my role to identify “trending” topics at the IAB. And while I...

Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware

Harken back to my post of 4/14/15- “Section 2353 Extravaganza….” . That was the Roger Johnson v. R.C. Fabricators case which dealt with a Section 2353(b) forfeiture defense by virtue of intoxication, involving an injured worker with a fondness for both cannabis and cocaine. Surely...

Change of Venue: Downstate Delaware Industrial Accident Board Moves to Dover

Big doings in Slower Lower……which is what we Northerners affectionately call our lower two counties, also sometimes known as “below the canal.” The current Kent/Sussex County downstate Industrial Accident Board location in Milford is closing and downstate cases will now be heard...

Curtain Call on Illegals in Delaware: The Superior Court Affirms a New Class of Displaced Worker

Today I bring you what Walt Schmittinger affectionately calls “Act 2 of what I presume will be a 3 Act play.” It is the appeal decision in the Guardado case that we have all been waiting for. For the back story, check my blog entry of 4/10/15 titled “Everybody Loves Pedro….”...