CHAPTER 297 - DELAWARE WORKMEN'S COMPENSATION LAW EXTENDING PROVISIONS FOR PAYMENTS

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 6080. Section 10, Subsection (a) of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be amended by striking out and repealing all of said Subsection and substituting in lieu thereof a new subsection to be known as 6080. Section 10, Subsection (a), as follows:

6080. Section 10. Total Disabilities, Compensation for; Schedules for Partial Disabilities; Schedules for; Death; Compensation to Dependents:--The following schedule of compensation is hereby established for injuries resulting in total disability: (a) For the first five hundred (500) weeks of total disability, sixty percentum (60%) of the wages of the injured employee as defined by this Chapter; but the compensation shall not be more than Twenty-One Dollars ($21.00) per week nor less than Eight Dollars ($8.00) per week; provided that if at the time of injury the employee receives wages of less than Eight Dollars ($8.00) per week, then he shall receive the full amount of such wages per week as compensation. Nothing in this subsection (a) shall require the payment of compensation after disability shall cease.

Section 2. That 6080. Section 10, Subsection (b) of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be amended by striking out and repealing all of Subsection (b) and substituting in lieu thereof a new subsection to be known as 6080. Section 10, Subsection (b), as follows:

(b) For disability for work partial in character (except the particular cases mentioned in the next succeeding subsection (c) of this section) sixty percentum (60%) of the difference between the wages received by the injured employee before the injury and the earning power of the employee thereafter, but such compensation shall not be more than Twenty-One Dollars ($21.00) per week. This compensation shall be paid during the period of such partial disability for work, not, however, beyond three hundred (300) weeks.

Section 3. That the last paragraph of Subsection (c) of 6080 Section 10 of Chapter 175 of the Revised Code of Delaware, 1935, as amended, by Section 8 of Chapter 269 Volume 43, Laws of Delaware, 1941, be and the same is hereby amended by substituting for the following words:

"This compensation shall not be more than Eighteen Dollars ($18.00) per week,"

the following language:

"This compensation shall not be more than Twenty-One Dollars ($21.00) per week,"

Section 4. That the Subsection bearing the number 2 of 6081 Section 11 of Chapter 175 of the Revised Code of Delaware, 1935, as amended by Section 9 of Chapter 269 of Volume 43, Laws of Delaware, 1941, be amended by striking out the following language:

"To the widow or widower, if there be no children, twenty-five percentum (25%) of wages, provided that the minimum amount payable shall not be less than Seven Dollars ($7.00) per week;" and inserting in lieu thereof the following language:

"To the widow or widower, if there be no children, twenty-five percentum (25%) of wages, provided that the minimum amount payable shall not be less than Ten Dollars ($10.00) per week;"

Section 5. That the second sentence of the last paragraph of the Subsection numbered 9, as amended by Section 9 of Chapter 269 of Volume 43, Laws of Delaware, 1941, be amended by striking out the following language:

"The wage upon which death compensation shall be based shall not in any case be taken to exceed Thirty Dollars ($30.00) per week nor to be less than Ten Dollars ($10.00) per week, provided, however, that the minimum amount payable to a widow or widower, entitled to compensation shall not be less than Seven Dollars ($7.00) per week."

and insert in lieu thereof the following language:

"The wage upon which death compensation shall be based shall not in any case be taken to exceed Thirty-Five Dollars ($35.00) per week nor less than Ten Dollars ($10.00) per week, provided, however, that the minimum amount payable to a widow or widower, entitled to compensation shall not be less than Ten Dollars ($10.00) per week."

Section 6. That Section 6117 Section 47 of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be amended by striking out the following language:

"nor shall it include board, lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring."

and adding to said Subsection a new paragraph to read as follows:

"That when no valuation is fixed on board and lodging by the parties in the contract of hire or at the time of hiring, the valuation for the purpose of computing compensation shall be established as follows:

(a) For Board--Fifty Cents ($.50) per day regardless whether this applies to one, two or three meals per day.

(b) For Lodging--Fifty Cents ($.50) per day or night."

Approved April 10, 1945.