CHAPTER 267

RELATING TO WORKMEN'S COMPENSATION LAW

AN ACT TO AMEND CHAPTER 23, TITLE 19, DELAWARE CODE, TO PERMIT CHIROPRACTIC SERVICES TO BE COMPENSATED FOR UNDER THE WORKMEN'S COMPENSATION LAW.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 2322 (a), Title 19, Delaware Code, is amended by striking out the first sentence thereof and substituting the following:

(a) During the first 30 days of the injury the employer shall furnish reasonable surgical, medical, dental, optometric, chiropractic and hospital services, medicine, and supplies, including repairing damage to or replacing false dentures, false eyes or eye glasses, as and when needed, unless the employee refuses to allow them to be furnished by the employer.

Section 2. § 2323, Title 19, Delaware Code, is amended to read as follows :

§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee

Any employee may apply in writing to the Board for permission to employ a physician, surgeon, dentist, optometrist or chiropractor other than the physician, surgeon, dentist, optometrist or chiropractor furnished by the employer. Such application shall state the name and address of the physician, surgeon, dentist, optometrist or chiropractor whose services are desired by the employee. Upon the approval by the Board of any such application, the employee by whom or on whose behalf the application was filed shall be entitled to receive from his employer the reasonable cost of the services of any physician, surgeon, dentist, optometrist or chiropractor whose employment was approved, performed subsequent to such approval, within the limitations provided for in section 2322 of this title.

Section 3. § 2332 (a), Title 19, Delaware Code, is amended by striking out the first sentence thereof and substituting the following:

(a) Should the employee die as a result of the injury, no reduction shall be made for the amount paid for medical, surgical, dental, optometric, chiropractic or hospital services, and medicines, not for the expense of last sickness and burial as provided in this chapter. Should the employee die from some other cause than the injury as herein defined, the liability for compensation, expense of last sickness, and burial of such employee, shall cease.

Section 4. § 2346, Title 19, Delaware Code, is amended to read as follows :

§ 2346. Hearing upon disagreement on charges for medical and other services and benefits

If any person charged with the payment of surgical, medical, dental, optometric, chiropractic or hospital services, medicines and supplies, and the person to whom the same is due and payable, fail to reach an agreement in regard to such charges, either party may notify the Board of the facts and the Board shall thereupon, after notice of the time and place of hearing sent by registered mail to all parties in interest, hear and determine the matter and notify such parties of its conclusions.

Section 5. § 2353 (b), Title 19, Delaware Code, is amended to read as follows :

(b) If any employee be injured as a result of his intoxication, or because of his deliberate and reckless indifference to danger, or because of his wilful intention to bring about the injury or death of himself, or of another, or because of his wilful failure or refusal to use a reasonable safety appliance provided for him, or to perform a duty required by statute, he shall not be entitled to recover damages in an action at law, or compensation or medical, dental, optometric, chiropractic or hospital service under the compensatory provisions of this chapter. The burden of proof under the provisions of this subsection shall be on the employer.

NOTE: This bill became a law on June 9, 1955 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.