CHAPTER 26

DELAWARE WORKMEN'S COMPENSATION LAW SECOND INJURY FUND

AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "DELAWARE WORKMEN'S COMPENSATION LAW", IN RELATION TO TIME OF PAYMENTS OF PERCENTUM ON ALL WORKMEN'S COMPENSATION OR EMPLOYER LIABILITY PREMIUMS TO THE BOARD.

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 (e) of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be further amended by striking out and repealing all of the second paragraph of said Subsection (e) and substituting in lieu thereof a new paragraph as follows:

Every insurance carrier insuring employers who are or may be liable under this Chapter to pay for compensation for personal injuries to or death of their employees under the provisions of this Chapter shall pay annually, on or before March 1st of each year, to the Industrial Accident Board for the State of Delaware a sum equal to one-half 0/2) of one percentum (1%) on all Workmen's Compensation or Employer Liability premiums received by the carrier during the calendar year next preceding the due date of such payment. Every employer carrying his own risk and thereby insuring himself under the provisions of this Chapter, on or before January 30th of each year, shall pay to the Industrial Accident Board for the State of Delaware, a sum equal to one-half (1h) of one percentum (1%) of the premium which said employer would have had to pay for the preceding year for Workmen's Compensation or Employer Liability insurance, said premium being in accordance with classifications and premium rates approved by the Board for the purpose of fixing compensation and insurance rates. Such sums shall be paid by the Industrial Accident Board to the State Treasurer, to be deposited in a special account known as "Industrial Accident Board Second Injury Fund", and which said funds shall not be a part of the General Fund of the State of Delaware, and any balance remaining in said account at the end of any fiscal year shall not revert to the General Fund. Any carrier or employer who is a self-insurer who shall make payments to an employee for total disability under the provisions of this Subsection upon an award being made for the same by the Board, shall be entitled to reimbursement for said payments from the "Industrial Accident Board Second Injury Fund" herein created; provided, however, that these reimbursements to such carrier and employer carrying his own risk and thereby insuring himself shall be made upon a semi-annual basis, that is to say, on the Fifteenth (15th) Day of January and July of each year. The reimbursements shall be made upon warrants, on the Treasurer of the State of Delaware, signed by the Secretary of the Industrial Accident Board.

Approved February 11, 1947.