Delaware General Assembly


CHAPTER 30

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", BY EXTENDING THE PROVISIONS FOR PAYMENTS THEREUNDER DURING THE CONTINUANCE OF TOTAL DISABILITY.

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

Section 1. That 6080. Sec. 10. Subsection (e) of Chapter 175 of the Revised Code of Delaware, 1935, be further amended by striking out and repealing all of the first paragraph of said subsection (e) and substituting in lieu thereof a new paragraph, as follows:

6080. Sec. 10. (e) Whenever a subsequent permanent injury occurs to an employee who has previously sustained a permanent injury, from any cause, whether in line of employment or otherwise, the employer for whom such injured employee was working at the time of such subsequent injury, shall be required to pay only that amount of compensation as would be due for such subsequent injury without regard to the effect of the prior injury. Provided, however, that whenever such subsequent permanent injury in connection with a previous permanent injury results in total disability as defined in subsection (c) of this section, the employee shall be paid compensation for such total disability, as provided in subsection (a) of this Section, during the continuance of total disability; such compensation to be paid out of a special fund known as "Industrial Accident Board Second Injury Fund" and created for such purpose in the following manner:

Approved February 11, 1947.