LexisNexis® Legal Newsroom
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...

A Lesson in Pugilism: The Battle of the AMA Guides in DE

This week's post is courtesy of Kris Starr who emailed me to say: "Rodgers v. G. Dean MacEwen. I sort of won...." And for those of you who think that any sparring which occurs at the IAB over the AMA Guide 5th versus 6th is just going to be a sweet series of pitty-pat punches, here is a...

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 Christmas Post—and an Empty Stocking on a Claim for Psychiatric Impairment

Above is picture of my kitty's Christmas stocking. A needlepoint image of a grey-brown mackerel tabby that looks alarmingly like the real thing. My husband was horrified that I paid $36.00 for the stocking at a boutique in Greenville; but that is nothing compared to the $66.00 "Pottery Barn...

The Christmas Post—and an Empty Stocking on a Claim for Psychiatric Impairment

Above is picture of my kitty's Christmas stocking. A needlepoint image of a grey-brown mackerel tabby that looks alarmingly like the real thing. My husband was horrified that I paid $36.00 for the stocking at a boutique in Greenville; but that is nothing compared to the $66.00 "Pottery Barn...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

A Double Dip of Permanency as Delaware Celebrates the Fourth of July

Hopefully you are all back at your desk after an extended holiday. My daughters are pictured above enjoying the Rockwood Ice Cream Festival this past weekend. And ice cream is about all one claimant can hope for after a recent ruling disallowing her any level of benefits under Section 2326 . Check out...

Brain Teaser: A New Take on Head Trauma and Related Impairment in Delaware

The summer release of IAB decisions includes two recent rulings that deal with closed head injury and claims for permanent impairment pursuant to 19 Del. Code Section 2326 . Both are claimant-friendly rulings worth sharing. Case #1: Charles Buckman v. Matrix Services , IAB#1342204 (6/13/12). Claimant...

Brain Teaser: A New Take on Head Trauma and Related Impairment in Delaware

The summer release of IAB decisions includes two recent rulings that deal with closed head injury and claims for permanent impairment pursuant to 19 Del. Code Section 2326 . Both are claimant-friendly rulings worth sharing. Case #1: Charles Buckman v. Matrix Services , IAB#1342204 (6/13/12). Claimant...

Up the Appellate Ladder and Still No Section 2326 Permanency For Estate Of Injured Worker In DE Who Was Smothered In Grain

You first read about this case in regard to my post of 2/28/12 (Body of Evidence) and also 4/17/12 (The Ultimate Soy Allergy) . This unfortunate claimant was crushed to death in a grain elevator. The first post had to do with the claimant's counsel conducting an exhumation and autopsy on the down...

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...