Publications
Burden of proof of work availability is met when the evidence shows a prevalence of undocumented workers employed in jobs listed on Labor Market Survey.
The Delaware Supreme Court remanded this case so the employer could present additional evidence of whether it could meet the burden of showing that jobs were actually available to the claimant, an undocumented worker.
Case Law Alerts, 4th Quarter, October 2017
Request for reimbursement of a medical expert witness fee properly denied because counsel had incurred an unnecessary expense by allowing the deposition to take place despite having already received a formal settlement offer.
The issue before the Delaware Superior Court was whether the Board erred in denying the claimant’s request for reimbursement of his medical expert’s witness fee.
Case Law Alerts, 4th Quarter, October 2017
Board finds chronic pain management treatment non-compliant; orders claimant to be weaned from opioid medications.
The claimant commuted all benefits with the exception of medicals, for which he continued to receive pain management care.
Case Law Alerts, 4th Quarter, October 2017
Petitioner does not meet his legal burden of proving increased disability.
As to the testimony of the petitioner’s and the respondent’s medical experts, the Judge of Compensation found that, despite a finding of over 100 percent disability on a combined basis, the petitioner’s expert’s report cont
Case Law Alerts, 4th Quarter, October 2017
Motion for medical and temporary benefits granted as disability resulted from occupational stresses of later employment, not simply a worsening of a prior work injury.
The petitioner filed an occupational claim with the Division of Workers’ Compensation alleging exposure to extreme occupational stress for the period from 2006 through 2014, resulting in injury to his low back.
Case Law Alerts, 4th Quarter, October 2017
Even if a claim petition is contested at the time the third-party settlement funds are distributed, the employer is entitled to subrogation.
The claimant alleged multiple injuries in a work-related motor vehicle accident. While this claim petition was pending, he entered into a settlement agreement with a third party to resolve his auto case for $15,000.
Case Law Alerts, 4th Quarter, October 2017
Construction Workplace Misclassification Act cannot apply retroactively to decide if claimant was an independent contractor and it cannot operate merely as a guide to determine who qualifies as an independent contractor.
The issues before the Commonwealth Court on appeal were whether the Appeal Board erred: (1) in retroactively applying the Construction Workplace Misclassification Act (CWMA) to determine if the claimant was an independent contractor; and (2) in co
Case Law Alerts, 4th Quarter, October 2017
Claimant working a modified-duty position at regular wages with pre-injury employer, who later voluntarily accepts a lower paying job created for her by her pre-injury employer, suffers a loss of earning power caused by the work injury.
After her work injury, the claimant was released to work-light duty.
Case Law Alerts, 4th Quarter, October 2017
Claimant jumps off a roof; court finds claim compensable.
The Workers’ Compensation Judge granted the claim petition, finding that the claimant was a traveling employee and furthering the employer’s business.
Case Law Alerts, 4th Quarter, October 2017
For purposes of an offset under Section 204(a), claimant’s joint and survivor annuity constitutes the benefit to which an employer is entitled to offset.
The claimant sustained a work injury in June 2010, which was acknowledged by the employer. The claimant’s average weekly wage was $1,273.59, and his compensation rate was $845 per week.
Case Law Alerts, 4th Quarter, October 2017