CHAPTER 202

DELAWARE WORKMEN'S COMPENSATION LAW

EXTENDING THE PROVISIONS FOR PAYMENTS THEREUNDER

AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED DELAWARE WORKMEN'S COMPENSATION LAW, BY EXTENDING THE PROVISIONS FOR PAYMENTS THEREUNDER.

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

Section 1. That 6079. Section 9, of Chapter 175 of the Revised Code of Delaware, 1935, as amended by Section 7, Chapter 269, of Volume 43, Laws of Delaware (1941), be amended by striking out and repealing all of said Section and substituting in lieu thereof a new section to be known as 6079. Section 9 as follows:

6079. Section 9. If death results from the injury within one year, the employer shall pay the reasonable burial expenses of an injured employee, not exceeding Two Hundred Twenty-five Dollars ($225.00), but without deduction of any amount theretofore paid for compensation or medical expenses.

Section 2. That 6080. Section 10, Paragraph (c) of Chapter 175 of the Revised Code of Delaware, as amended by Section 8 of Chapter 269, Volume 43, Laws of Delaware (1941) be amended by striking out the following language :

"Amputation between the knee and ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the knee shall be considered as the loss of a leg."

And inserting in lieu thereof the following language:

Amputation to the ankle or any part of the foot, not including the toes, shall be considered as the equivalent of the loss of a foot. Amputation above the ankle shall be considered as the loss of a leg.

Section 3. That 6118. Section 48 of Chapter 175 of the Revised Code of Delaware, 1935, as amended by Chapter 243, Volume 41, Laws of Delaware, and as amended by Chapter 244 of Volume 41, Laws of Delaware, and as amended by Section 11, Chapter 269, Volume 43, Laws of Delaware (1941) be amended by adding thereto a new paragraph to read as follows :

Any duly organized Volunteer Fire Company of the State of Delaware may elect to be bound by the compensatory provisions of Chapter 175, Revised Code of Delaware, 1935, as amended, provided that the election to be so bound receives a majority vote of the members of said Volunteer Fire Company in the State of Delaware at a duly called meeting of the said Volunteer Fire Company, and notice of said election is forwarded in writing to the Industrial Accident Board created under the provisions of said Chapter 175 as amended. Any Volunteer Fire Company of the State of Delaware which elects to be bound by the compensatory provisions of said Chapter 175, Revised Code of Delaware, 1935, as amended, may subsequent to said election revoke the election to be bound provided the revocation receives a majority vote of the members of said Volunteer Fire Company in the State of Delaware at a duly called meeting of said Volunteer Fire Company and notice of said revocation is forwarded in writing to the Industrial Accident Board.

Section 4. That 6080. Section 10, Sub-section (c) of Chapter 175 of the Revised Code of Delaware, 1935, as amended by Section 8 of Chapter 269 of Volume 43, Laws of Delaware (1941), be amended by adding after the first paragraph of sub-section (c) a new paragraph to read as follows :

For loss of a hand sixty percentum (60% of wages during two hundred weeks ;

Approved April 22, 1943.