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The Game Is Afoot: Delaware IAB Has Its First Application of Watson

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear Watson , dated 12/12/11; Parks & Recreation ,...

The Game Is Afoot: Delaware IAB Has Its First Application of Watson

I have previously reported on the Delaware Supreme Court decision in Watson v. Wal-Mart (see Reversal of Fortune .....dated 10/25/11) and in subsequent posts, on the numerous IAB rulings which found that Watson did not apply ( see Elementary, My Dear Watson , dated 12/12/11; Parks & Recreation ,...

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter. He is 3 months old and strongly resembles...

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter. He is 3 months old and strongly resembles...

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...

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...

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...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent impairment. Prior to that, there was a Motion...

The Ultimate Soy Allergy: No Permanency Benefits for Claimant Crushed to Death In Grain Elevator

I reported on one of the pre-trial motions in this case in my post of 2/28/12 titled " Body of Evidence ". Interesting case about where an autopsy was performed on the down low in a case involving a catastrophic and posthumous claim for permanent impairment. Prior to that, there was a Motion...

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...

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...

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...

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...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

Paintballing, Wrestling and a Head-Banging Good Time: Another Commentary on Horseplay in Delaware

We had so much fun talking about that Australian Hotel Sex Romp case and as such, this post will continue to let the good times roll. The happenings in Australia have been impactful on the local front as they have promoted discussion of our own laws on course and scope and the available defense to injuries...

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...

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...

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...

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that it seems to be yet another...

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that it seems to be yet another...

Delaware Detour and Frolic

Delaware Detour and Frolic A workers' comp law blog by Cassandra Roberts ABOUT ME I am a newcomer to the Larson's National Workers' Compensation Advisory Board, but a seasoned workers' compensation practitioner from "The First State." Delaware born and bred...