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Big doings in Delaware: The DE Supreme Court looking to objectively define "reasonable job search" and create a presumption on the issue of "displaced worker"?

Today is my birthday post. A big shout out to my Mom (we call her the Queen Mother) who gave me life several decades ago (and that's about all I have to say about my age). I love my life, my daughters, my husband and especially my new kitty (another grey tabby) who my daughter Caroline has unceremoniously...

The Original Hoey Displaced Worker: Jewell Hoey Is Still Good Law Here In the First State

Okay, Sean Gambogi of the Kimmel, Carter, Roman & Peltz (did I leave anyone out?) firm, this one's for you. This year marks the 20th anniversary of the case of Jewell Hoey v. Chrysler and for those of you who think of me as a defense attorney.....I represented Jewell Hoey and created the Hoey...

More about That "Hoey Displaced Worker" in Delaware: IAB Comments on What It Is and What It's Not

This should be titled the "quick post". Minimal frills, minimal banter, no photos...... Today Jodi Cianci of the defense firm Chrissinger & Baumberger sent me the attached case. Termination of total disability granted in favor of the employer and a ruling that the claimant was not a "Hoey...

The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...

The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time. A select few, who thought it was "cute." By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...

The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker

You've got to hand it to Mike Silverman. I count Mike among my dear friends and often find him at the top of my list of opponents. I have seen Mike in action recently as it relates to the client who speaks no English. Mike is fluent in Spanish and it is a thing of awe and wonder to watch him convey...

Delaware’s Jewell Hoey Is Still a Gem of a Displaced Worker

Speaking of gems, Fred Freibott, who offers up our case du jour, has one impressive firstborn. Above is a shot of Columbia sophomore Christina Freibott who was just named to the National Field Hockey Coaches Association’s All Mideast Regional Second Team. Christina is true to her pedigree and brings...

Twinsies: Delaware Finds In Favor Of a “Double Displaced” Worker And Issues a Fine

Today’s post comes to us by request of attorney Shaku Bhaya following the DSBA Winter Breakfast Seminar that was held this past Monday. Shaku asked me for copies of two rulings mentioned during my Case Law Update presentation and I thought I would bless all of you with these cases. Better than...

The Power of Sua Sponte……..Delaware IAB Raises Displaced Worker Doctrine and the Superior Court Remands for More

I have something big on the docket this week so this is what we would call a post on the fly. Better to blog with brevity that not blog at all, right? The cases du jour were brought to my attention by Tracey Wilkerson of Coventry over dinner last week. Not only is Tracey my vocational rehab expert...

The Return of the Sua Sponte: Delaware IAB Replies to Post About Displaced Worker

Okay, y’all have heard me talk about “Chris Baum Cherishables”….. and for anyone who doesn’t know who Chris is (because, perhaps, you have been living under a rock) , he is the Chief Hearing Officer for our Industrial Accident Board. My post of 8/5/14 prompted Chris to...

Delaware’s Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day

While I was in London I heard from my good friend Joe Klusman. Pictured above is the Klusman Klan at what I think is a wedding—aren’t they just dressed to the nines? I am delighted to feature Joe and his crew as a bit of a change from my usual pics of babies, kitties and Sweet Caroline. ...

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...

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...

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….”...

Delaware: Employer Must Show Available Work Within Worker’s Limitations, Including Worker’s Undocumented Status

Evidence supported the Board’s finding that an employee was a displaced worker where, following surgery on her left wrist, the worker had been released to light-duty, one-handed work but, because of limited education, inability to speak English and a limited employment-life, she could not find...