CHAPTER 280

AN ACT TO AMEND CHAPTER 21, TITLE 19, DELAWARE CODE, RELATING TO WORKMEN'S COMPENSATION CLAIMS.

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

Section 1. § 2313 (a), Title 19, Delaware Code, is hereby amended by inserting the words "in duplicate" in the 5th line thereof between the words "Board" and "on".

Section 2. § 2326 (f), Title 19, Delaware Code, is hereby amended by striking the following phrase, from the fourth, fifth and sixth lines of said sub-section:

"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."

and inserting in lieu thereof the following:

"and an award for such disfigurement may be made in addition to compensation for any loss specifically set forth in this Section 2326 provided that such disfigurement is visible and offensive with the body normally clothed, and provided further that such disfigurement award is separately so designated by the Board and shall not be more than 20% of the number of weeks for which compensation is payable under an award for loss under this Section 2326." Section 3. § 2332 (a), Title 19, Delaware Code, is hereby

"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."

and inserting in lieu thereof the following:

"Should the employee die from some other cause than the injury as herein defined, the claim for compensation shall not abate, but the personal representative of the deceased may be substituted for the employee and prosecute the claim for the benefit of the deceased's dependent or dependents only, but in the event an agreement for compensation or an award has theretofore been made, the full unpaid amount thereof shall be payable to the deceased employee's nearest dependent as indicated by § 2330 of this Title, and such payments may be made directly to a dependent of full age, and on behalf of an infant to the statutory or testamentary guardian of any such infant, provided, however, that no payment or award under § 2324 or § 2325 of this Title shall continue, or be ordered, beyond the date of such injured employee's death."

Section 4. § 2332 (b), Title 19, Delaware Code, is stricken in its entirety.

Approved May 8, 1964.