Delaware Detour and Frolic

Recent Blog Posts

  • Workin’ on the Down Low……………and a Decision in Guardado v. Roos Foods  By: Cassandra Faline Roberts  You gotta love those Men of Mondell and their ever-capable confrere Elissa Greenberg.  The work comp defense bar can always count on them to carry the banner of our cause with considerable aplomb and a skill set that most would envy in terms of legal acumen and persuasiveness.  And in the instant case, a behemoth of an adversary……none other than Walt Schmittinger, whose Daddy was, in my estimation, the Dean of the Claimant Comp Bar……. So the... More
  • CaseLaw Update Round-up  By Cassandra Roberts, Esq.  As promised, I am continuing to make CaseLaw Update available through the Detour & Frolic.  And  because I never met a case I didn’t like, I give you the following highlights…………….. From the January 18, 2017 Update: Dental Disfigurement due to missing teeth from heavy narcotic usage for work-related injury, check out Virgil Pugh & Kieran Sniadowski DME doc Fedder trumps treating doc  Rudin in a surgery case  in Barbara Zakarewicz There is no such thing as an after-the-fact  “payment without... More
  • Sticking your neck out……IAB precludes previously unrated cervical permanency   I log on this morning and what greets me but a gift from James Donovan of Doroshow, Pasquale, Krawitz & Bhaya.  A little tidbit of wisdom he offers for my CaseLaw Update with the comment that this likely isn’t interesting enough for the Detour & Frolic.  Says who?  I think this case has just enough drama to merit a post and, thankfully,  I get to be the judge. William Wroten v. Lowes Home Centers, IAB#1358700 (4/17/17.)  This is a claim for... More
  • Hanky Panky Doctor Spanky……. Dr. Balu called out for high-dosage opioids and haphazard recordkeeping This one comes to me from my dear one, Bob Richter, in his finest hour, along with DME doc Dr. Jason Brokaw.  Dr. Brokaw is a pain management expert who has recently enjoyed his share of victories in the credibility contest.  This case highlights  an ongoing script for high-dose opioids which was non-certified by Utilization Review—quite remarkably, for an individual who was working heavy duty carpentry work. So what was the diagnosis?  Bulging discs at multiple lumbar levels (isn’t a bulging... More
  • Cinderella……DE Comp Bar mourns passing of Mike Sensor  by Cassandra Roberts I like to think of myself as one of the “wordsmiths” of the Delaware comp bar.  Whether it be because of the blog, or the fact I am the “town crier” when it comes to IAB case law, or the sometimes embarrassing fact  that I speak out where others dare only think.  But with the passing earlier this week of our beloved colleague,  Mike Sensor,  it occurs to me that I am a fraud–  a sham of an... More
  • Supreme Cuisine………Holland Inn Cookbook a smorgasbord of good eats So there you have it above. Justice Randy J. Holland presenting his BFF Supreme Court Justice Ruth Bader Ginsburg with the inaugural copy of the Holland Inn cookbook last month. For those of you who don’t know– Supreme Cuisine……A Collection of Our Most Appealing Recipes— is the fundraiser cookbook that the Inn took on as its altruism venture for 2016.   Sold 500 books in 2 weeks (selling out) , raising approximately $10,000.00 in funds, a large portion of which will... More
  • CaseLaw Update Updated…….all the news that’s fit to print Per my promise of last week, here you have it, my friends.  The CaseLaw Updates of 2016 all hanging out in one place for your research pleasure.  Going forward, we will maintain a CaseLaw Update Archives for you to refer back to. What we have here is as follows: CaseLaw Update January 19, 2016 CaseLaw Update May 4, 2016 CaseLaw Update October 19, 2016 (the most recent Update available) A January 2017 CaseLaw Update will be posted to roughly coincide with the DSBA... More
  • The Discovery Channel…..and a Merry Christmas to All! I love Motion Day.  I know y’all are tired of hearing me say “The best law comes out of those Motion Day decisions.”  And I love it when esteemed practitioners share their outcomes with me for the betterment of the group.  Today’s post is courtesy of Joe Andrews,  a man whose face is synonymous with “Rule to Show Cause” and  “Motion to Compel.”   Let’s just say our friend Joe is no stranger to the IAB Legal Hearing.    J One of these... More
  • Feliz Navidad y Propsero Ano……..and Greetings from the Supreme Court I am back.  And you are likely thinking “it’s about time.” Yes, I have been sidelined for the last 8 months by a sweet little ditty that I fondly refer to as “the cardiac event.” Slowed me down, but it didn’t kill me, praise God,  and I am back with a vengeance.  Blog has been silent too long.  Someone needs to speak up and stir the pot. So to herald my return,  a case of epic proportions.  As you all likely know... More
  • 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….”, a little ditty which is about as entertaining as a root canal if you are a defense attorney.  The case at the Board level is Magdalena Guardado v. Roos... More