CHAPTER 126

AN ACT TO AMEND CHAPTER 23, TITLE 19, DELAWARE CODE, RELATING TO WORKMAN'S COMPENSATION CLAIMS.

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

Section 1. § 2322, Title 19, Delaware Code, is amended by adding thereto a new subsection as follows:

(d) An employee, at any time after a claim for compensation is made, shall have the right, upon application to his employer, to inspect, copy and reproduce any medical records pertaining to said employee, in the possession of his employer or his insurance carrier. Medical records, as used in this subsection, shall include physician's reports, hospital reports, diagnostic reports, treatment reports, X-rays and X-ray reports.

Section 2. § 2322, Title 19, Delaware Code, is amended by adding thereto a new subsection as follows:

(e) The fees of medical witnesses testifying at hearings before the Industrial Accident Board in behalf of an injured employee shall be taxed as a cost to the employer or his insurance carrier in the event the injured employee receives an award.

Section 3. § 2323, Title 19, Delaware Code is hereby repealed and a new section enacted in lieu thereof to read as follows:

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

Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of his own choosing. Notice of his intention to employ medical aid as aforesaid shall be given in writing to his employer or its insurance carrier. If the alleged injury is subsequently held to be compensable, the employer shall be liable for the reasonable cost of the services of any physician, surgeon, dentist, optometrist or chiropractor whose employment was utilized by the employee provided notice of said employment was given to the employer or its insurance carrier.

Section 4. The provisions of this Act shall apply to all cases pending before the Industrial Accident Board which shall not have been given a hearing by the Board at the time this Act becomes law.

Approved July 10, 1961.