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Delaware Disfigurement: What's a Urine Bag Worth?

Well, Halloween is casting a long shadow here in the First State and seeing as it is also Election day....well I thought I would blog about something as quirky (to put it kindly) as the political skirmishes here in DE. So how about a little tale in which defense attorney Dennis Menton of the Tybout Redfearn...

Riding Tandem: A Case of Permanency & Disfigurement in Delaware Offers a Little Somethin' Special

Okay, so I get a little more excited than the average practitioner when I come across a quirky case-- be it what I would call "funky body parts" or a sexy legal issue, or even the statement of the glaringly obvious (which itself is often entertaining). I have said it before-- in the library...

An Invitation: The Delaware "Funky Permanencies".....What We Don't Know Can Hurt Us (A Campaign)

It occurred to me as I was mailing claimant attorney Henry Davis a copy of my super-duper laminated permanency chart that it really bugs me that I have no way of knowing if it is complete. Truly and boastfully complete....Not for sure. I had polled some of the Hearing Officers a few months ago and no...

Money Doesn't Grow on Trees--Unless You Are Shaking the Family Tree on a Delaware Disfigurement Claim

Someone once said: "Grandchildren are God's way of compensating us for growing old." In two disfigurement cases decided by the Board last week, grandchildren were the key to a little extra compensation for disfigurement. It is kind of like a formula that some brilliant lawyer has finally...

Five Recent Workers’ Comp Cases You Should Know About (7/22/2011) – Blacksmith Fails to Establish Chronic Paranoid Schizophrenia Mental-Mental Claim

Larson's Spottlight on Mental-Mental Claim, Suicide, Third Party Settlement, Disfigurement, and Undocumented Worker. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law, has compiled the...

Beauty is in the Eye…..a Delaware Roundtable on Disfigurement

The exquisite little girl above is Lara, Sheldon Saints' daughter. She is a gorgeous child, with a pedigree of beauty.... Her aunts, Shel's sisters, were both beauty queens back in the day. Sheila Saints and Shawna Saints....if you grew up around here and are my age, those names are perhaps familiar...

Beauty is in the Eye…..a Delaware Roundtable on Disfigurement

The exquisite little girl above is Lara, Sheldon Saints' daughter. She is a gorgeous child, with a pedigree of beauty.... Her aunts, Shel's sisters, were both beauty queens back in the day. Sheila Saints and Shawna Saints....if you grew up around here and are my age, those names are perhaps familiar...

Larson’s Spotlight on Recent Cases: High Threshold Exists to Stay Payment of Future Medical Benefits

Larson's Spotlight on Future Medical Benefits, Employee Status, Retaliatory Discharge, and Disfigurement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

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...

Nickel and Dimed: Delaware Disfigurement Award for Systemic Nickel Poisoning

In my post of 8/15/13 ( Beauty is in the Eye….. A Primer on DE’s Bagley Analysis ), we took an in-depth look at the Bagley standard for disfigurement awards. You may vaguely recall that Bagley is that case that more or less examines that portion of our disfigurement statute, 19 Del. Code...

Ray’s Red Sox and a Home Run On the Bagley Analysis In a DE Disfigurement Case

I am rarely at a loss for words but with the sudden passing of Ray Radulski over the weekend, I really have nothing to bring to the table today. What a loss to the Delaware work comp bar. An appropriate tribute will follow later this week. Ray loved the Red Sox and thus this post has a title from a mind...

What’s In A Name? DE IAB Awards Max Disfigurement For Leg Under Bagley

Today’s case come to us via James Haley, a sometimes work comp lawyer who had a whopper of a disfigurement award and who was rightfully proud. For a background on how the law applies to disfigurement in cases of catastrophic injury, see my post of 8/15/13, Beauty is in the Eye: A Primer of Delaware’s...

Shining Scars and a Pocket Dictionary: Delaware IAB Awards a Staggering 427 Weeks for Disfigurement

I heard about this one courtesy of Mr. Brady as he was dipping out my Black Bean Sirloin Chili at last week’s Holland Inn of Court. Turns out he also likes cornbread and between compliments on my culinary skills, he wanted to make sure I was aware of our case du jour , Heather Stevens v. Sam’s...

California: How Physicians Can Provide the Most Accurate WPI Rating Under the AMA Guides

In Ramirez v. Space Lok, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (lexis.com), 2015 Cal. Wrk. Comp. P.D. LEXIS 9 (Lexis Advance), the WCAB rescinded the WCJ’s finding that the applicant, a machine operator, incurred 36 percent permanent disability as a result of a 7/23/2012 industrial injury to...

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...

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...

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...