CHAPTER 160

DELAWARE WORKMEN'S COMPENSATION LAW

INCREASING PAYMENTS OF COMPENSATION THEREUNDER

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

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

(a)During the continuance 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-five Dollars ($25.00) 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 sub-section (a) shall require the payment of compensation after disability shall cease.

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

()For disability for work partial in character (except the particular cases mentioned in the next succeeding subsection

()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-Five Dollars ($25.00) 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 6080. Sec. 10. Subsection (c) of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be further amended by striking out and repealing all of the last paragraph of Subsection (c) thereof and by substituting in lieu of the part so stricken out the following new last paragraph, as follows:

This compensation shall not be more than Twenty-five Dollars ($25.00) 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. Compensation for the foregoing, permanent-partial injuries shall be paid in addition to the compensation provided for in subsection (a)* and subsection (b) of this section.

Section 4. That 6080. Section 10. of Chapter 175 of the Revised Code of Delaware, 1935, as amended, be amended by adding thereto a new subsection to be known as Subsection (h) as follows:

(h) An insurance carrier for the employer or the self-insurer delaying the first payment of Compensation after fifteen (15) days from the date of the accident, such delay being avoidable or due to negligence, shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not exceeding One Hundred Dollars ($100.00).

Approved May 27, 1949.