CHAPTER 531

FORMERLY SENATE

BILL NO. 734

AN ACT TO AMEND CHAPTERS 21 AND 23, TITLE 19, DELAWARE CODE, RELATING TO WORKMEN'S COMPENSATION, BY CHANGING CERTAIN OF THE ADMINISTRATIVE AND PENALTY PROVISIONS THEREOF.

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

Section 1. Section 2102, (a), Title 19, Delaware Code, is amended to read as follows:

(a) Each of the members shall receive an annual salary of $8,000.

Section 2. Section 2103, Title 19, Delaware Code, is amended by adding thereto the following sentence at the end thereof:

However, disagreements involving issues of procedure arising prior or subsequent to a hearing may be decided by one member of the Board.

Section 3. Section 2121 (a), Title 19, Delaware Code, is amended to read as follows:

(a) The Board shall have jurisdiction of all cases arising under Part II of this title. It shall hear disputes as to compensation to be paid under the provisions of Part II of this title. It may make its own rules of procedure for carrying out the provisions of Part II of this title to the same extent as the Superior Court under 10 Delaware Code, § 561(a). It shall furnish blanks for information and record all awards. It may compel the attendance of witnesses, and may limit their number and length of examination at any hearing.

Section 4. Section 2362, Title 19, Delaware Code, is amended to read as follows:

§ 2362. An insurance carrier for the employer or the self-insurer who neglects or refuses to make the first payment of compensation more than fifteen (15) days after a compensable injury, such delay being avoidable or due to negligence, shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). The fine is assessed by the Industrial Accident Board after the insurance carrier for the employer or after the self-insurer is given notice and a hearing on the violation. The fine is payable to the Industrial Accident Board Second Injury and Contingency Fund.

Section 5. Section 2386 (a), Title 19, Delaware Code, is amended to read as follows:

(a) If any insurance corporation, mutual association or company, inter-insurance exchange, or self-insurer —

(1) violates any provisions of this chapter; or

(2) neglects or refuses to comply with any of the provisions of this chapter; or

(3) wilfully makes any false or fraudulent statement of its business or condition, or a false or fraudulent return, it shall be fined not less than $100 nor more than $1,000 for each such offense. The fine is assessed by the Industrial Accident Board after the insurance corporation, mutual association, or company or inter-insurance exchange, or self-insurer is given notice and a hearing on the violation. The fine is payable to the State Treasurer.

Section 6. Sections 2327, 2395, 2396, and 2397, Title 19, Delaware Code, are amended by striking therefrom the language "Industrial Accident Board Second Injury Fund" wherever it appears in the said sections and by substituting the language: "Industrial Accident Board Second Injury and Contingency Fund."

Approved July 14, 1972