CHAPTER 96

FORMERLY HOUSE BILL NO. 234

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 23, TITLE 19 OF THE DELAWARE CODE RELATING TO ADDITIONAL PAYMENTS FOR INJURIES OR DEATH AND INCIDENTAL BENEFITS.

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

Section 1. Amend Chapter 23, Title 19, Delaware Code, by adding thereto a new Section 2334 to read as follows:

§ 2334. Benefit adjustment

Any person who is totally disabled on the date this section is enacted, or any widow, widower, or dependent who is receiving benefits under Section 2330 on the date this section is enacted shall be entitled to an additional amount of compensation as calculated under subsection (a) and (b) of this section, provided that the total amount to be received shall not exceed the maximum weekly benefit rate in Section 2324 effective on September 1, 1970, or the benefit derived from Section 2330 as of September 1, 1971.

(a) In any case where a totally disabled person, or a widow, widower or a dependent is presently receiving the maximum weekly income benefit rate applicable at the time such award was made, the supplemental allowance shall be an amount which when added to such award would equal the maximum weekly benefit rate effective on September 1, 1970, or the benefit derived from Section 2330 as of September 1, 1971.

(b) In any case where a totally disabled person, or a widow, widower or dependent is presently receiving less than the maximum weekly income benefit rate applicable at the time such award was made, the supplemental allowance shall be an amount equal to the difference between the amount the claimant is presently receiving and a percentage of the maximum weekly

benefit rate effective on September 1, 1970, or the benefit derived from Section 2330 as of September 1, 1971, determined by multiplying it by a fraction, the numerator of which is his present award and the denominator which is the maximum weekly rate applicable at the time such award was made.

Section 2. Amend Section 2395 (a) and (b), Chapter 23, Title 19, Delaware Code, by deleting subparagraphs (a) and (b) in their entirety, and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows:

(a) Every insurance carrier insuring employers who are or may be liable under this chapter to pay for compensation for personal injuries to or death of their employees under the provisions of this chapter, shall pay to the Board annually, on or before March 1 and October 1 of each year a sum not to exceed one-half of one per cent at each date on all workmen's compensation or employer liability premiums received by the carrier during the calendar year next preceding the due date of such payment.

(b) Every employer carrying his own risk and thereby insuring himself under the provisions of this chapter, on or before January 30 and October 1 of each year, shall pay to the Board a sum equal to one-half of one per cent at each date of the premium which the employer would have had to pay for the preceding year for workmen's compensation or employer liability insurance, the premium being in accordance with classifications and premium rates approved by the Board for the purpose of fixing compensation and insurance rates.

Section 3. Amend Section 2395, Chapter 23, Title 19, Delaware Code, by adding thereto a new subparagraph (d) to read as follows:

(d) The amounts paid under this section shall constitute an element of loss for the purpose of establishing workmen's compensation premium rates.

Section 4. Amend Section 2397, Chapter 23, Title 19, Delaware Code, by striking the figure "$30,000" wherever the same appears and by inserting in lieu thereof the figure "$75,000"; and by striking the figure "$20,000" as it appears and

by inserting in lieu thereof the figure "$25,000".

Section 5. Amend Section 2396, Chapter 23, Title 19, Delaware Code, by striking said Section 2396 in its entirety, and inserting in lieu thereof a new Section 2396 to read as follows:

§2396. Reimbursement of carriers and self-insurers from second injury fund

With respect to payments made by any insurance carrier or self-insurer under Section 2334, such insurance carrier or self-insurer annually on or before December 1 and June 1 of each year, shall file with the Industrial Accident Board for submission to the Treasurer of the State of Delaware a report on a form prescribed by the Industrial Accident Board setting forth the money expended for such additional payments made during the previous calendar year or portion thereof under Section 2334. The Industrial. Accident Board shall audit these reports before submission to the Treasurer of the State of Delaware to determine their validity. Reimbursement to such insurance carrier or self-insurer shall be made annually on the first of January and the fifteenth of July of each year. With respect to payments made by any carrier or self-insurer under Section 2334, such carrier or self-insurer annually on or before June 1 of each year, shall file with the Treasurer of the State of Delaware a report, on a form prescribed by the Industrial Accident Board, setting forth the money expended for such additional payments made during the previous calendar year under Section 2334. Reimbursement to such insurance carrier or self-insurer shall be made annually on the fifteenth day of July of each year.

Approved May 27, 1971.