CHAPTER 251

FORMERLY HOUSE BILL NO. 340

AS AMENDED BY

HOUSE AMENDMENTS NO. I, 2, AND 3

AN ACT TO AMEND SUBCHAPTER 11, CHAPTER 23, TITLE 19, DELAWARE CODE, RELATING TO COMPENSATION PAYABLE TO WORKMEN'S COMPENSATION CLAIMANTS FOR SERIOUS AND. PERMANENT DISFIGUREMENT TO ANY PART OF THE HUMAN BODY.

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

Section I. Section 2326, 11, Chapter 23, Title 19, Delaware Code, is amended by striking the first paragraph of subsection (f) of said section in its entirety, and inserting in lieu thereof a new paragraph to read as follows:

The Board shall award proper and equitable compensation for serious and permanent disfigurement to any part of the human body up to 150 weeks, provided that such disfigurement is visible and offensive when the body is clothed normally, which shall be paid to the employee at the rate of 66 2/3 per centum of his weekly wages. In the event that the nature of the injury causes both disfigurement to and loss or loss of use of the same part of the human body, the maximum compensation payable under this subsection for that part of the body shall be the higher of either (i) the amount of compensation found to be due for disfigurement without regard to compensation for loss of or loss of use, or (ii) the amount of compensation due for loss of or loss of use plus 20 percent thereof for disfigurement.

Section 2. The provisions of this Act shall apply to all awards of compensation for disfigurement made on or after the effective date of this Act, regardless of the date of the accident.

Section 3. If any clause, sentence, or part of this Act or the application thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act.

Approved July 9, 1971.