CHAPTER 515

FORMERLY

HOUSE BILL NO. 980

AN ACT TO AMEND CHAPTER 23, TITLE 19, DELAWARE CODE, RELATING TO THE MAXIMUM AMOUNT OF WORKMEN'S COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 2325, Chapter 23, Title 19, Delaware Code, by striking said Section in its entirety and inserting in lieu thereof the following:

"§2325. Compensation During Partial Disability

For injuries resulting in partial disability for work, except the particular cases mentioned in subsections (a)-(g) of 12326 of this Title, the compensation to be paid shall be 66 2/3% of the difference between the wages received by the injured employee before the injury and the earning power of the employee thereafter; but such compensation shall not be more than 66 2/3% of the average weekly wage per week as announced by the Secretary of Labor for the last calendar year for which a determination of the average weekly wage has been made. This compensation shall be paid during the period of such partial disability for work, not, however, beyond 300 weeks. In construing the words 'earning power of the employee thereafter' as those words appear in this section, the Beard shall take into consideration the value of gratuities, board, lodging and similar advantages received by the employee in subsequent employment."

Section 2. Amend Section 2326, Chapter 23, Title 19, Delawate Code, by striking subsection (h) in its entirety and substituting in lieu thereof the following:

"(h) The compensation provided for in subsection (a)-(g) of this section shall be not more than 66 2/3% of the average weekly wage per week as announced by the Secretary of Labor for the last calendar year for which a determination of the average weekly wage has been made, nor less than 22 2/9% of the average weekly wage per week. If at the time of the injury the employee receives wages less than 22 2/9% of the average weekly wage per week, then he shall receive the full amount of such wages per week as compensation."

Section 3. Amend Section 2330, Chapter 23, Title 19, Delaware Code, by adding the following new sentence at the end of Section (c):

"Compensation shall be payable under this section to or on account of any child beyond the age of 18 years if and while mentally or physically handicapped and actually dependent upon the deceased for at least fifty percent (50%) of their support at the time of his death."

Approved July 12, 1978.