Delaware Work Comp News

Published by Howdy Workers on May 11, 2021May 11, 2021

The latest news about workers compensation in Delaware.

• Carrier Can't Bifurcate Liability from Punitive Damages in Bad Faith Litigation
  May 17, 2021
  A Delaware Superior Court judge denied an insurance carrier’s request to bifurcate the issues of liability and compensatory damages from the issue of punitive damages in a worker’s bad faith…
• No Benefits for Court Employee Who Fell Into Sinkhole
  May 12, 2021
  The Delaware Superior Court upheld a denial of benefits to a court employee who fell into a sinkhole as she arrived for work. Case: Browning v. State, No. K20A-03-001 VLM, 05/03/2021,…
• Injured Worker Can Seek Punitive Damages in Bad-Faith Suit
  May 7, 2021
  The Delaware Superior Court ruled that an injured worker provided enough evidence of willful or wanton misconduct by his employer’s insurance carrier to pursue punitive damages on his bad-faith claim. Case:…
• Comp Carrier Can't Intervene in Worker's Suit
  April 28, 2021
  The Delaware Superior Court ruled that a workers’ compensation insurance carrier had no right to intervene in a worker’s lawsuit seeking underinsured motorist benefits. Case: Henry v. The Cincinnati Insurance Co.,…
• IAB Must Explain Order Compelling Payment for Post-Surgery Treatment
  March 23, 2021
  A Delaware Superior Court judge ruled that the Industrial Accident Board did not adequately explain its reason for ordering an employer to pay for a worker’s treatment. Case: Genesis Healthcare Services v.
• Doctor's Inconsistent Opinions Inadequate to Deny Surgery
  January 20, 2021
  A Delaware Superior Court judge ruled that a doctor’s inconsistent medical opinions did not provide substantial evidence to deny a worker’s request for back surgery. Case: Thompkins v. Reynolds Transportation, No. N20A-04-002 ALR,…

Additional Delaware Workers’ Compensation Resources

• Delware Workers’ Compensation Resources