Keri's practice is devoted to Delaware workers' compensation and employment law defense (including discrimination and whistleblower protection), in addition to federal employment law defense. Throughout her legal career, she has represented clients including automobile assembly plants, nursing homes, hospitals, security companies and retailers in matters pertaining to workers' compensation and employment law. She is also experienced in handling matters for non-profits and fast food franchises, and advising clients in relation to owner controlled insurance policies. Keri is especially adept at assisting and educating small employers on issues pertaining to workers' compensation.
In addition to managing the Workers' Compensation Department in the Wilmington office, Keri has also served as a member of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks.
While attending Widener University School of Law, Keri worked for the Delaware Department of Labor, where she handled a wide variety of employment, labor and civil rights issues. Keri investigated allegations of employment discrimination and wage and hour violations, including alleged prevailing wage violations and child labor violations.
Keri is a graduate of the University of Delaware, where she received a Bachelor of Arts degree in Criminal Justice. She remains involved with her alma mater, serving as an advisor for the Alpha Sigma Alpha sorority.
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Case Law Alerts
In order to qualify for unemployment benefits, the unemployed individual must be able and available to work.
July 1, 2023
The plaintiff had been out of work for medical reasons for several months. She was medically cleared to return to work in March 2020, but due to the COVID-19 pandemic and her pre-existing medical condition, her medical provider felt it “was too dangerous for her to work until she was vaccinated.” She asked her employer for a position where she did not have to interact with customers. The employer was not able to offer her a position with this restriction. She filed for unemployment benefits and received benefits until December of 2021, when she received notice that she was ineligible for unemployment benefits. 19 Del. C. § 3315(3), requires that employees be able and available to work in order to receive unemployment benefits. The Claims Deputy, Appeals Referee and the Unemployment Insurance Board found that the plaintiff was ineligible for unemployment benefits because she was not able and available to work. Even though she provided testimony that she had been looking for work-from-home positions, the evidence established that her medical provider had not released her to return to work without restrictions. The plaintiff appealed the decision to the Delaware Superior Court. An appeal to the Superior Court evaluates the record to determine if the Board’s decision is supported by substantial evidence. The decision will only be overturned if the Board has acted “arbitrarily and capriciously or exceeds the bounds of reason in view of the circumstances … so as to produce injustice.” In the appeal, the plaintiff argued that she was able, available, and actively seeking work and would have stayed employed had she been accommodated by not having to interact with customers. The court made clear that a claimant is not “able and available” if she is cleared to work with restrictions that an employer cannot accommodate. The court found that the Board’s decision to deny the plaintiff benefits was supported by substantial evidence. The Board’s decision was affirmed and ordered the plaintiff to repay the unemployment benefits she received. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.
What's Hot in Workers' Comp
What's Hot in Workers' Comp - Special DE Alert
June 15, 2023
New Workers’ Compensation Rate Effective July 1, 2023 The Delaware Secretary of Labor has announced the average weekly wage in Delaware for calendar year 2022 will be $1,301.27. This wage is derived from data from employers participating in the State’s unemployment insurance system. Using this wage figure, effective July 1, 2023, the maximum weekly workers’ compensation rate will be $867.52. The minimum workers’ compensation rate will be $289.18. These rates will apply to any injury occurring in the State of Delaware on or after July 1, 2023. If you have any questions, please reach out to any of our Delaware workers’ compensation attorneys at 302-552-4300. What's Hot in Workers' Comp – Special DE Alert – June 16, 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.
