CHAPTER 185

DELAWARE WORKMEN'S COMPENSATION LAW

AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE DELAWARE WORKMEN'S COMPENSATION LAW, AND EFFECTING THE INTERPRETATION THEREOF AND DEFINITIONS THEREIN.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 6071, Sec. 1 of Chapter 175, the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of said 6071 Sec. 1 and inserting in lieu thereof a new paragraph to be known as 6071 Sec. 1.

6071 Sec. 1. Application of Chapter:--This Chapter shall be called and cited as the "Delaware Workmen's Compensation Law of 1917" and shall apply to all accidents occurring within the State of Delaware irrespective of the place where the contract of hiring was made, renewed or extended, and shall not apply to any accident occurring outside of the State of Delaware except to accidents occurring to State Employees outside the State of Delaware while such employees are engaged in duly authorized business of the State of Delaware, and except accidents occurring to Delaware employees whose duties require them to go temporarily beyond the territorial limits of the State of Delaware, not over ninety days, when such employees are performing services for employers whose place of business is within the State of Delaware.

The word "Board" shall mean the Industrial Accident Board as created hereby.

Section 2. That 6113 Sec. 43 of Chapter 175, the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of said 6113 Sec. 43 and inserting in lieu thereof a new paragraph to be known as 6113 Sec. 43.

6113. Sec. 43. "Employee" Construed:--The term "employee" as used in this Chapter shall be construed to mean: "Every person in service in the State of Delaware of the County of New Castle, or any corporation (private, public, municipal or public quasi), of any association, of any firm or of any person (excepting the employer mentioned in Sec. 48 and Sec. 49 hereof) under any contract of hire, expressed or implied, oral or written, or performing services for a valuable consideration, excluding executive officers of any corporation and executive officers for the purpose of this Act shall be construed to mean the President, any Vice-President, Secretary, Treasurer, or any other executive officer elected and empowered by the Board of Directors in accordance with the Charter and the regularly adopted By-laws of the Corporation, unless such officers elect to be covered under this Act, and also excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the workman's own home, or on the premises not under the control or management of the employer.

Section 3. Any acts or parts of acts inconsistent with the provisions of this Act are hereby repealed insofar as such. inconsistency might occur.

Approved April 12, 1939.