Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Pleadings l Complaint l Amendment l Bad-Faith Claim E.I. du Pont de Nemours & Co. v. Allstate Ins. Co. DeFAX Case No. D63161 (Del. Super. Feb. 29, 2008).
Plaintiff was entitled to file a second amended complaint in order to add a bad-faith claim against a defendant because the proposed amendment appeared to be legally sufficient and granting leave to amend would not cause any legal prejudice to the defendant. Motion for leave to file a second amended complaint granted.
UNEMPLOYMENT COMPENSATION Eligibility l Termination l Just Cause l Attendance Policy l Awareness Jackson v. Christiana Care DeFAX Case No. D63163 (Del. Super. Feb. 29, 2008).
There was just cause for claimant’s termination from employment where claimant was aware of the attendance policy whose violation formed the basis for her dismissal. Affirmed.
WORKERS’ COMPENSATION Attorney Fees l Application for Award l IAB Decision l Court’s Affirmance of Claimant’s Position Phillips v. Delhaize America, Inc. DeFAX Case No. D63164 (Del. Super. Dec. 12, 2007).
Where the Superior Court affirmed claimant’s position before the Industrial Accident Board, namely, that the board could not terminate claimant’s total disability benefits at a legal hearing, claimant was entitled to an award of attorney fees. Application for attorney fees granted.
WORKERS’ COMPENSATION Causation l Current Complaints l Compensability l Resolution of Work-related Injury Truszcienski v. Urgent Ambulance Service DeFAX Case No. D63160 (IAB Nov. 28, 2007).
In this dispute over medical expenses and compensation for total disability, claimant established that her current left hip problem and low back treatment were related to a prior work injury to her left hip, which had not resolved. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Medical Expenses l Stimulator Implant l Compensability Smith v. Smith’s Auto Parts DeFAX Case No. D63158 (IAB Feb. 5, 2008).
Although claimant was entitled to reimbursement for physical therapy and certain medical tests, he was not entitled to reimbursement for implantation of a stimulator since this device was not reasonable and necessary. Petition to determine additional compensation due granted in part, denied in part.
WORKERS’ COMPENSATION Medical Expenses l Third Shoulder Surgery l Causation Issue l Claimant’s Expert Testimony Frost v. Mike’s Glass Service DeFAX Case No. D63157 (IAB Feb. 4, 2008).
Accepting the testimony offered by claimant’s treating physician, the Industrial Accident Board determined that claimant’s prior work injury necessitated his third shoulder surgery. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Medical Expenses l Chiropractic Treatment l Compensability Armour v. DaimlerChrysler DeFAX Case No. D63156 (IAB Nov. 29, 2007).
Where both medical experts agreed that claimant was entitled to compensation for occasional future chiropractic care for flare-ups, and where claimant’s expert offered persuasive testimony as to the date that claimant reached a plateau in her treatment, the Industrial Accident Board awarded claimant compensation for occasional future chiropractic care for flare-ups, as well as compensation for past chiropractic expenses related to her cervical spine. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Termination of Benefits l Total Disability l Medical Expert Evidence Smirniotis v. Home Depot DeFAX Case No. D63159 (IAB Nov. 26, 2007).
Employer failed to meet its initial burden of proving that claimant was no longer totally disabled from working where medical expert evidence indicated that even the simplest of activities increased claimant’s pain level. Petition to terminate benefits denied.
|