At the April 8, 2015 meeting, Inn Members were treated to a
powerful and thought provoking presentation from Joel Feldman, Esq.
on the topic of Distracted Driving. Joel is a trial attorney in PA
who lost his daughter, Casey, at the hands of a distracted driver.
Since then, Joel has devoted great time and effort to end
distracted driving. More information regarding Joel's amazing
program and cause can be found at www.caseyfeldmanfoundation.org.
As a reminder, any Inn Members who would like to contribute
to or become involved in this mission, please contact Matt
April's meeting also included an informative and highly
entertaining presentation by Pupilage Group 2 (details below) and
the ever-popular Fajita Bar, as well as more decadent desserts from
the Inn's own patissier, Cassandra.
Group 2 Presentation:
(1) Do You Really Want a Legal Hearing?
(2) The Challenging Disfigurement Hearing
(3) Don't Show Us That!
(4) Disfigurement Law in a Nut Shell
Additional Case Law Provided
- Allowing medical witness testimony at a disfigurement hearing
- Generally not permitted- Karawin v. Woodward &
Lothrop IAB #1055298)
- Any exceptions?
- Impact of a nearby tattoo or older scar near the work
- Jones v. Best Buy (IAB # 1298892)
- Bathing Suit Rule- does the Board have a bright line rule on
this, or is it determined on case-by-case basis?
- Cases: Beam v. Chrysler Corp., 332 A.2d 143 (Del.
1975); Porter v. State, 1992 Del. Super. LEXIS 290
(Del. Super. Ct. June 15, 1992)
- Scarring must be visible when claimant is "normally clothed."
What does that mean to the Board? Must be visible normally in
public? What if there is a scar on stomach, but claimant admits
that he never exposed his stomach in public pre-injury?
- Case: Taylor v Holy Angels Church (IAB #
- Improper to consider low compensation rate as a factor in
deciding disfigurement case (gender is also not a factor)
- Case: Pollard v. Placers, Inc., 1996 Del. Super.
LEXIS 371 (Del. Super. Ct. May 20, 1996)