Publications
Board grants the employer’s termination petition based on the employer’s medical expert’s opinion that the claimant has sufficiently recovered from the work injury to the point where she can perform full-time sedentary work.
The claimant sustained a compensable work injury to her neck and right shoulder on December 7, 2010, while working as a certified nursing assistant.
Case Law Alerts, 4th Quarter 2013
Employers’ right to direct claimants to obtain prescribed medications from the employer’s preferred pharmacy affirmed by Delaware Supreme Court.
The Delaware Supreme Court has issued its ruling in this case, agreeing with the Superior Court and the Industrial Accident Board, that under the Compensation Act, employers have the right to direct claimants to obtain their prescribed medications
Case Law Alerts, 4th Quarter 2013
Payment of medical payments over an 18-month period by the employer was done under a feeling of compulsion and thereby tolled the statute of limitations.
This case was tried before the Superior Court regarding the employer’s appeal from a Board decision that granted the claimant’s petition to determine additional compensation due by awarding payment of medical expenses as well as a coun
Case Law Alerts, 4th Quarter 2013
The statute of limitations defense in the context of occupational exposure claims.
On November 11, 2008, the petitioner filed a workers’ compensation claim against his employer, alleging an injury to both knees as a result of exposure to repetitive motion during the course of his employment from December 1992 to November 1
Case Law Alerts, 4th Quarter 2013
Accidents occurring on the respondent’s premises during the petitioner’s personal time are not compensable.
The petitioner was employed as a part-time personal trainer for the respondent, a health club and athletic facility. The petitioner trained clients from 6:00 to 7:00 a.m., 8:00 to 11:00 a.m. and 12:00 to 3:00 p.m.
Case Law Alerts, 4th Quarter 2013
Under what circumstances can a respondent recover a faultless overpayment of workers’ compensation benefits from a petitioner?
On October 18, 2000, the petitioner received an award of total disability from his employer, entitling him to permanent total disability (PTD) benefits at a rate of $480 per week for 450 weeks.
Case Law Alerts, 4th Quarter 2013
Because decedent’s death did not occur within 300 weeks of the date of the original work injury, denial of fatal claim petition was proper.
The decedent suffered a work injury on October 15, 2003, which was acknowledged by Notice of Compensation Payable (NCP) as a “lumbar strain/sprain.” Later, in connection with a petition to review, the parties stipulated to amending the
Case Law Alerts, 4th Quarter 2013
When claimant with residual disability who seeks to return to light-duty job, suffers non-work-related total disability and not able to work at all, employer is not obligated to reinstate benefits and need not show continuing availability of suitable work
In June 1996, while working under permanent, light-duty restrictions, the claimant suffered a work injury to his right knee.
Case Law Alerts, 4th Quarter 2013
An employer is entitled to subrogation from a recovery made by a claimant from a bad faith action against a manufacturer’s insurance carrier.
The claimant sustained a crush injury to his right hand while using a conveyor belt at work. The employer paid the claimant total disability benefits and paid his medical bills.
Case Law Alerts, 4th Quarter 2013
Claim petition is reversed on the basis that the claimant was not in the course and scope of employment at the time of the work injury.
The claimant filed a claim petition for workers’ compensation benefits for a degloving injury that occurred to his left thumb.
Case Law Alerts, 4th Quarter 2013