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No Headache for This Claimant When DE IAB Allows Permanent Impairment Benefits to Both the Brain and the Head

In 2006 the claimant was struck in the head by a falling box. Prior to the litigation in question, there was a voluntary award of 5% impairment to the brain; the testimony of Dr. John Townsend (for the claimant) suggests the rating was based upon depression and the testimony of Dr. William Sommers (for...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all over the place, which makes life in The First State...

The Whitman Sampler—a Little Permanency Ruling Round-Up in Delaware

Thank God it's Friday. I have read a wealth of case law this week and for once the theme was not Utilization Review appeals and how many ways can the Board tell UR it got it wrong. This week is a salute to permanent impairment. And the cases are all over the place, which makes life in The First State...

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State

This is a salute to my colleague Colin Shalk, hence the title of this post. I don't know if Colin would ever hide a rock hammer in a Bible like our protagonist Andy Dufresne, but he is just as clever in the outcome of today's case du jour, with a little bit of chipping away at the supremacy of...

The Shalkshank Redemption: AMA Guide 6th Edition Reigns Supreme in the First State

This is a salute to my colleague Colin Shalk, hence the title of this post. I don't know if Colin would ever hide a rock hammer in a Bible like our protagonist Andy Dufresne, but he is just as clever in the outcome of today's case du jour, with a little bit of chipping away at the supremacy of...

Salt Water Taffy and a Tad Of Permanency--DE IAB Rules On Disputed Value Of a Pelvis and Creates a Value For the Biliary Tract

So, of course, as I have one foot out the door to head to the beach, the IAB ruling I have been tracking hits my desk. Did you know that prior to this decision, there were three inconsistent IAB decisions assigning three different values to a pelvis? (Say it ain’t so!) One award was based on 150...

If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for my next discussion. I will let Kim tell you:...

Beauty Is In the Eye…..A Primer On Delaware’s Bagley Analysis For Disfigurement

Another guest blogger today, and with today’s post comes some insight into the Bagley analysis for work comp, courtesy of Sheldon Saints. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement statute, 19 Del. Code Section 2326(f), [ enhanced...

Let It Bleed: A Delaware Case On Venous System Impairment

I recently put a call out for case law guidance on certain of the more obscure permanency values. One of them was the vascular system. And lo and behold, right on top of things was Walt Schmittinger with John Lowman v. Connectiv Power Delivery , IAB#1188166 (10/30/03) , an older case, which like 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...

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...

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...