CHAPTER 45

AN ACT TO AMEND CHAPTER 23, TITLE 19, DELAWARE CODE ENTITLED WORKMEN'S COMPENSATION RELATING TO COMPENSATION DURING PARTIAL DISABILITY AND COMPENSATION FOR CERTAIN PERMANENT INJURIES.

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

Section 1. Chapter 23, Title 19, Delaware Code is hereby amended by repealing Section 2325 thereof and by substituting and enacting in lieu thereof a new Section 2325 to read as follows:

§ 2325. Compensation during partial disability

Section 2325. For injuries resulting in partial disability for work, except the particular cases mentioned in subsections (a) - (g) of section 2326 of this title, the compensation to be paid shall be 66 2/3 percent 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 $50 per week. This compensation shall be paid during the period of such partial disability for work, not, however, beyond 300 weeks. In construing the words "earning power of the employee thereafter" as those words appear in this section, the Board shall take into consideration the value of gratuities, board, lodging and similar advantages received by the employee in a subsequent employment.

Section 2. Chapter 23, Title 19, Delaware Code is hereby amended by repealing Section 2326 thereof and by substituting and enacting in lieu thereof a new Section 2326 to read as follows:

§ 2326. Compensation for certain permanent injuries

(a) For all permanent injuries of the following classes, the compensation to be paid regardless of the earning power of the injured employee after the injury shall be as follows:

For loss of a hand, 66-2/3 percent of wages during 220 weeks;

For the loss of an arm, 66-2/3 percent of wages during 250 weeks;

For the loss of a foot, 66-2/3 percent of wages during 160 weeks;

For the loss of a leg, 66-2/3 percent of wages during 250 weeks;

For the loss of two or more of such members, not constituting total disability, 66-2/3 percent of wages during the aggregate of the period specified for each;

For the loss of a thumb, 66-2/3 percent of wages during 75 weeks;

For the loss of a first finger, commonly called index finger, 66-2/3 percent of wages during 50 weeks;

For the loss of a second finger, 66-2/3 percent of wages during 40 weeks;

For the loss of a third finger, 66-2/3 percent of wages during 30 weeks;

For the loss of a fourth finger, commonly called little finger, 66-2/3 percent of wages during 20 weeks;

The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger and compensation shall be for one-half of the period, and compensation for the loss of one-half of the first phalange shall be for one-fourth of the period;

The loss of more phalanges than one shall be considered as the loss of the entire finger or thumb, provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;

The loss of three fingers or two fingers and a thumb of the same hand shall be considered as the loss of one-half of the hand, and compensation shall be paid for such loss for a period of 110 weeks, or compensation shall be paid for the loss of three fingers or two fingers and a thumb of the same hand for the number of weeks stated in the above schedule for such a loss, whichever is greater;

For the loss of a great toe, 66-2/3 percent of wages during 40 weeks;

For the loss of one of the toes, other than the great toe, 66-2/3 percent of wages during 15 weeks;

The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be for one-half of such period;

The loss of more phalanges than one shall be considered as the loss of the entire toe;

For the loss of an eye, 66-2/3 percent of wages during 200 weeks;

For the loss of a fractional part of the vision of an eye, the compensation shall be for such percentage of the total number of weeks allowed for the total loss of the use of an eye under this section as the loss suffered bears to the total loss of an eye.

(b) Amputation to the ankle or any part of the foot, not including the toes, shall be considered as the equivalent of the loss of a foot. Amputation above the ankle shall be considered as the loss of a leg.

(c) Total loss of the use of a hand, arm, foot, leg, or eye, shall be considered as the equivalent of the loss of such hand, arm, foot, leg or eye.

(d) In all other cases of permanent injury of the classes specified in subsection (a) of this section, or when the usefulness of a member or any physical function is permanently impaired, the compensation shall bear such relation to the number of weeks stated in the schedule set forth in subsection (a) of this section as the disabilities bear to those produced by the injury named in the schedule.

(e) Unless the Board otherwise determines from the facts, the loss of both hands, or both arms, or both feet, or both legs, or both eyes, or an injury to the spine resulting in permanent and complete paralysis of both legs, or both arms, or one leg and one arm, or an injury to the skull resulting in incurable imbecility or insanity, shall constitute total disability for work, to be compensated according to the provisions of Section 2324 of this Title.

Amputation between the palmar surface of the hand and the shoulder shall be considered as the loss of an arm, and compensation shall be paid for such injury for a period of 250 weeks. Amputation for 50 percent of the palmar surface of the hand shall be considered as the loss of the hand and compensation shall be paid for a period of 220 weeks.

(f) The Board shall award proper and equitable compensation for serious and permanent disfigurement to any part of the human body up to 150 weeks which shall be paid to the employee at the rate of 66-2/3 per centum of his weekly wages, but no compensation shall be awarded when such disfigurement was caused by the loss of or the loss of use of a member of the body, except the eye or eyes, for which compensation payments are already provided by terms of this section.

For the complete loss of hearing of one ear, the employee shall receive compensation at the rate of 66-2/3 percent of his weekly wages for a period of 75 weeks.

For the complete loss of hearing in both ears, the employee shall receive 66-2/3 percent of his weekly wages for a period of 175 weeks.

For the loss of a fractional part of hearing, the compensation shall be for such percentage of the total loss of weeks allowed for the total loss of hearing under this section as the loss suffered bears to the total loss of hearing.

(g) The Board shall award proper and equitable compensation for the loss of any member or part of the body or loss of use of any member or part of the body up to three hundred (300) weeks which shall be paid at the rate of sixty-six and two-thirds (66-2/3) per centum of his weekly wages, but no compensation shall be awarded when such loss was caused by the loss of or the loss of use of a member of the body for which compensation payments are already provided by the terms of this section.

(h) The compensation provided for in subsections (a) - (g) of this section shall not be more than $50 per week, nor less than $25 per week. If at the time of injury the employee receives wages of less than $25 per week, then he shall receive the full amount of such wages per week as compensation.

(i) Subject to subsection (e) of this section, the compensation provided for in subsections (a) - (h) of this section shall be paid in addition to the compensation provided for in Sections 2324 and 2325 of this Title.

Approved May 20, 1959.