LexisNexis® Legal Newsroom
The April Fools Post: The DE Supreme Court Excludes UIM Policy Proceeds from Statutory Comp Lien

This is serious business, folks, notwithstanding the title of today's post.....Props to Cheryl Ward of Franklin & Prokopic who, like me, spent part of her Good Friday keeping vigil over any late-breaking news in the world of comp. And heralding from the Delaware Supreme Court is Kingsley Simendinger...

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...

A Significant Bench Ruling On Delaware’s Section 2311 Contractor Statute….As It Happily Collides With The Doctrine Of Exclusivity

Today's post comes to us courtesy of Mike Sensor. Mike contacted me last week with some background information in a case of first impression for which he was awaiting a bench ruling transcript from Sussex County Superior Court. I am always excited to hear from Mike, as he is someone I consider to...

Better Late Than Never? Not So Much On Motion Day In The First State

Today's post comes to us from Mike Silverman. To many of you, Mike in a principal in Silverman, MacDonald and Friedman. To the rest of us, he is Daddy to collegiate golf's new "it girl"...... Maddy "Boom Boom" Silverman. Maddy is living the dream at Boston University (on Mike's...

On the Road Again: DE Supreme Court Comments on “A Veritable Potpourri of Exceptions to the ‘Going & Coming’ Rule”

First, hats off to Mike Sensor for bringing this case to my attention. Second, props to defense attorney Maria Newill, scoring another victory for the employer. Our flavor of the day, as far as case law is concerned, is a recent release from the DE Supreme Court on an issue for which there was enough...

Dust in the Wind…… and a Denial of Benefits in This Delaware Mesothelioma Case

Well Gary Baker has gone and done it...... and it is so like my savvy and skilled friend to go where no man has gone before. Took the "last injurious exposure rule" and flipped it on its head. When he told me about today's case, James Moore v. Expert Management (fka/AstraZeneca) , IAB#...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year period...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v. United...