Newsletters

June 2021

WORKERS’ COMPENSATION LAW It’s All in the Wrist – Evolving Trends in Carpal Tunnel Syndrome Favor the Defense For many years, the common wisdom has held that carpal tunnel syndrome occurs through repetitive use of the hands and fingers; typing is often given as an example of what causes this malady. Consistent with this common wisdom,…

Read More

Choir School’s 2021 Gala

SPECIAL ANNOUNCEMENT Heckler & Frabizzio is a proud supporter of the Choir School of Delaware. More information regarding our partnership to follow in the next edition of the Side Bar. Please consider joining that Choir School of Delaware for their Annual Gala and Benefit on June 16th. See below for more details or follow this link…

Read More

May 2021

WORKERS’ COMPENSATION LAW Deny, Deny, Deny – Claimant’s Denial of History Results in Denial of Petition The Claimant was involved in a work-related lifting injury to her low back in June 2018. In October 2018, Claimant went to the emergency room with shoulder and neck pain, with no, follow-up treatment for the shoulder until she saw…

Read More

April 2021

WORKERS’ COMPENSATION LAW It Is Okay to Lose ‘Round One’ If You Conclude with a Complete Knockout The parties entered into an Agreement acknowledging a lumbar soft tissue strain injury. Employer filed a Petition seeking to void the Agreement for fraud, arguing that Claimant had materially misrepresented her prior medical history at the time the…

Read More

March 2021

WORKERS’ COMPENSATION LAW Justice Denied, In A Good Way! Claimant, Mary Justice, was seeking acknowledgment of an alleged cumulative detrimental effects injuries to her back and lower extremities as the result of lifting activities as a school bus aide. The Board denied Justice’s claim, noting she was not credible as there were numerous inconsistencies throughout…

Read More

February 2021

A History of Winning 2020 Win/Loss Results IAB Hearings 8 Wins – 2 Losses -1 Outstanding 11 Wins – 1 Losses -2 Outstanding 11 Wins – 3 Losses -0 Outstanding 13 Wins – 4 Losses – 1 Outstanding WORKERS’ COMPENSATION LAW Most Dangerous Phrase in Our Language: We’ve Always Done It That Way: Claimant was…

Read More

January 2021

WORKERS’ COMPENSATION LAW Loser Takes All and the Race Against Time Enforcement of Statutory Deadlines On November 20, 2017, claimant was diagnosed with mesothelioma related to asbestos exposure; he passed on February 24, 2018, and his estate filed a Petition to Determine Compensation Due against C&D Contractors on November 20, 2018. The petition only listed C&D,…

Read More

December 2020

WORKERS’ COMPENSATION LAW Board Rejects Permanency Arguments from Hired Gun In 2017, Claimant slipped and fell, injuring her knee. In 2020, Claimant filed a Petition alleging 6% permanency to her left lower extremity, specifically the knee, based upon Dr. Bandera’s opinion, relying on the 5th Edition of the AMA Guidelines for Rating Permanent Impairment. The Board…

Read More

November 2020

WORKERS’ COMPENSATION LAW Me Thinks He Talked Too Much Despite four compensable lumbar surgeries following a 2016 work accident, Claimant had not returned to work in any capacity and filed a Petition for a fifth lumbar surgery. Claimant’s expert, Dr. Zaslavsky testified that the surgery was needed to address adjacent segment disease that was causing…

Read More

October 2020

WORKERS’ COMPENSATION LAW End of the Line Benefits End with the Injury Claimant was involved in a compensable work accident with multiple alleged injuries. At a prior Hearing in 2017, the claimant alleged ongoing injury to the head and neck, while seeking payment of surgery and other benefits related to same. The Board agreed with the Employer’s…

Read More