Christina’s World… & the Ever-Generous Delaware Causation Threshold

Today’s case du jour is inspired by Fred Freibott’s daughter Christina.  She was Ivy League (field hockey) Player of the Week last week and has now been profiled in Sports Illustrated.  Not only is she a hockey player par excellence, she is pre-med at Columbia. Fred has much to be proud of.

So I told Fred to send me a case (so that this post would remotely touch on something legal) and he sent me Donna D’Onofrio v. Bank of America, IAB Hr'g No. 1405900 (Oct. 3, 2014). Here is what he had to say about this little gem on causation:

“My client had a non related surgery in August of 2012 for her knee.  She was bone on bone but made a nice recovery until November 1, 2012, when she fell hard on her knees at work after tripping.   About a year later, after conservative care failed, she underwent a total knee replacement.  I argued, and Chris Baum agreed, that the November fall accelerated the need for the total knee replacement and was thus compensable.”

Dr. Handling testified for the injured worker and Dr. Mattern was the defense medical expert.  Reading the facts of the case and what I would normally consider a defense-favorable treatment chronology, this was hardly a slam dunk for the claimant. Dr. Mattern’s defense opinion was detailed and well-reasoned.  I could certainly have envisioned this one going the other way. This outcome is a shining example of the relatively low legal threshold of causation, taking into account the cases of Reese, Steen, and Blake.  And possibly a testament to Fred’s powers of persuasion.  Check it out,  especially if you are in the claimant bar — there’s got to be some good stuff in there to be argued another day.

But enough about Fred.  His daughter is apparently a beast.  Hear her roar . . . :>)

Irreverently yours,

Cassandra Roberts