Delaware Work Comp News

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

The latest news about workers compensation in Delaware.

• Substantial Evidence Doesn't Support Denial of Worker's Request for Additional Benefits
  October 30, 2023
  The Delaware Superior Court overturned the denial of a worker’s request for additional benefits for her total knee replacement surgery, finding the Industrial Accident Board’s decision was not supported by…
• Insurance Commissioner Announces 7.24% Rate Cut
  October 12, 2023
  Delaware Insurance Commissioner Trinidad Navarro on Wednesday announced that voluntary market loss costs will decrease by an average of 7.24%, effective Dec. 1. At the same time, the commissioner announced that…
• Court Upholds Denial of Permanent Impairment Award to Worker Struck by Tire
  October 3, 2023
  The Delaware Superior Court upheld a decision of the Industrial Accident Board finding that a worker was not entitled to a permanent impairment award for his injuries from being struck…
• Bureau: New Rate-Filing Rules Not Applicable to Comp
  October 2, 2023
  The Delaware Compensation Rating Bureau said a recently enacted bill addressing rate-filing rules does not apply to work comp carriers. Gov. John Carney on Aug. 31 enacted HB 228, which requires…
• Insurance Department Promulgates TPA Rules
  September 7, 2023
  The Delaware Department of Insurance proposed rules that would revise the responsibilities of insurers with respect to on-site audits of their third-party administrators. Carriers are currently required to conduct semiannual reviews…
• Carrier Can Subrogate Against Employee's Recovery of UIM Benefits
  September 6, 2023
  The Delaware Supreme Court ruled that the state Workers’ Compensation Act expressly allows employers and workers’ compensation carriers to assert subrogation liens against benefits paid to employees under uninsured motorist policies. John…
• Widow of Officer on Disability Pension for Cancer Doesn't Get Comp Benefits
  August 25, 2023
  The Delaware Superior Court upheld a denial of benefits to a cancer-stricken police officer’s widow even though he had been granted a disability retirement pension for his disease. Case: Mullins v.
• Supreme Court Reinstates Finding of Unreasonableness for Worker's Narcotic Pain Treatments
  August 23, 2023
  The Delaware Supreme Court reversed a judge’s determination that a treatment dispute was moot and reinstated an administrative finding that a worker’s use of narcotic medication was inappropriate and unnecessary. Raymond…
• Court Upholds Board's Rejection of Settlement as Not Serving Best Interests of Worker
  July 19, 2023
  The Delaware Superior Court upheld a decision of the Industrial Accident Board to reject a proposed settlement of a worker’s claim that accounted for a shoulder injury but not her alleged neck…
• Court Upholds Order for Worker to Reduce Opioid Use
  July 6, 2023
  The Delaware Superior Court upheld an administrative ruling ordering a worker to reduce his use of opioid medication. Case: Hunsucker v. Scott Paper Co., No. K22A-11-001 RLG, 06/16/2023, published. Facts: Billy Hunsucker worked…

Additional Delaware Workers’ Compensation Resources

• Delware Workers’ Compensation Resources