LexisNexis® Legal Newsroom
Drugstore Cowboy: DE Supreme Court Upholds Carrier's Right to Supply Medication Through a Preferred Vendor

I just love it when I get the scoop first. Came back from lunch to the message below from my dear one Walt Schmittinger. Not only is Walt the progeny of the late great dean of workers' comp, Jay Schmittinger, he is also always at the cutting edge of the law. For the back story on this issue, refer...

Be Our Guest: DE Providers Host Medical School for Lawyers Dinner Seminar

I like to think I am a social creature. I like to eat (can’t ya tell?) and I LOVE to talk shop. So as you might imagine, I was in my glory last night at the Columbus Inn attending the Medical School for Lawyers Dinner Seminar . Add to that a panel of esteemed docs as our faculty and an audience...

DE Supreme Court Clarifies Emergency Treatment Exception to Section 2322B(8)(b)

A big shout out to Linda L. Wilson of Marshall Dennehy who sent me her case, decided only yesterday by our Supremes. It is very timely as we are coming off the glow of last week’s Randy J. Holland Inn of Court Inaugural that Justice Holland authored the decision under scrutiny- Amanda Wyatt...

Grasshopper Cheesecake and an Extension of the Wyatt Doctrine in Delaware

It’s been busy, busy, busy in my little kitchen that could. I won the Chili Cook-Off last weekend and was up to my elbows in crème de menthe and crème de cacao, as I made a Grasshopper Cheesecake for a St. Paddy’s Day Potluck. Thankfully, a guest blogger came forward to allow...

The Turkey Gravy Post: Delaware Supreme Court Affirms Vanvliet And Non Comp-Certified Providers Come Up Dry

Okay this is not only late-breaking news from our Supremes but there is also the tickle that Walt Schmittinger and Cheryl Ann Ward emailed me late yesterday literally within 2 minutes of each other. How is that for putting Sassy Cassy at the top of the list for all comp news/all the time? Way to go,...

A Tale Of Two Rudins: A Juxtaposition Of Outcomes On Surgery In Delaware

God couldn’t be everywhere…….so he created Dr. Rudin. And today’s commentary features two cases on the issue of surgery and causation in which Dr. Rudin takes center stage. First from defense attorney Frank Nardo, Gloria Edwards v. State of Delaware , IAB#1164832 (11/14/14...

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...

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...

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...