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Publications
Delaware Supreme Court affirms IAB decision and rejects employer’s arguments that Superior Court Civil Rule 41(a)(1) and the doctrine of collateral estoppel barred claimant from filing a petition for a recurrence of total disability benefits.
The claimant was injured in a work accident on October 28, 2018. On December 9, 2019, he filed a Petition to Determine Additional Compensation Due that sought total disability benefits (TTD) and two surgeries, including a spine surgery.
What’s Hot in Workers’ Comp, Vol. 28, No.
Claimant attorney’s appeal of judge of compensation claims’ order denying a statutory fee on settlement overturned by First District Court of Appeal and held to be reasonable.
This case involves a complex 1993 date of accident and a claimant who is a ventilator-dependent quadriplegic. Prior to being represented by Michael Rudolph, the claimant had five other attorneys.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed workers’ compensation order finding an increase in permanency, but not total disability.
In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s permanency award but denied his claim that he was permanently and totally disabled.
What’s Hot in Workers’ Comp, Vol. 28, No.
Injuries sustained by a claimant while commuting were not compensable under the Act as the claimant was not a traveling employee with no fixed place of work.
The claimant worked as a crew leader for the employer’s tree-trimming business. On October 1, 2021, while driving home in his personal vehicle at the end of the workday, the claimant sustained injuries in a motor vehicle accident.
What’s Hot in Workers’ Comp, Vol. 28, No.
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What’s Hot in Workers’ Comp, Vol. 28, No.
Delaware Superior Court affirms an Industrial Accident Board decision that a claimant injured while performing an employer-related volunteer activity was not within the course and scope of employment.
Ms. Testa-Carr worked as a customer service representative for Sallie Mae. On March 21, 2022, she was fell down some stairs and was injured while delivering Meals on Wheels to an apartment in Newark.
What’s Hot in Workers’ Comp, Vol. 28, No.
Judges of compensation claims have the authority to take a flexible and holistic approach to permanent total disability claims as the triers of fact. The Blake methods are guidelines, not requirements.
The employer/carrier in this matter appealed the judge of compensation claims’ award of permanent total disability (PTD) benefits.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Divisions affirms a workers’ compensation judge’s decision that the claimant’s testimony was not credible and his medical expert’s theory was not supported by objective evidence.
The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division confirms that the trial judge correctly applied the intentional-wrong exception to the insurer’s policy.
The Appellate Division affirmed the Law Division order granting Hartford Underwriters Ins. Co.’s motion to dismiss and denying Sir Electric, LLC’s cross-motion for summary judgment.
What’s Hot in Workers’ Comp, Vol. 28, No.
Workers’ Compensation Appeal Board did not err in granting employer’s petition for a de novo hearing to present after-discovered evidence of a medical provider’s prohibited self-referral to a pharmacy that a workers’ compensation judge would not allow.
The claimant settled a 2010 work injury by Compromise and Release Agreement (C&R) in 2017. The C&R stated the employer reserved the right to either continue paying medical benefits or to fund a Medicare Set-Aside (MSA).
What’s Hot in Workers’ Comp, Vol. 28, No.