CHAPTER 572

SENATE JOINT RESOLUTION NO. 44

ESTABLISHING A WORKMAN'S COMPENSATION COMMISSION TO STUDY THE STATUS OF WORKMAN'S COMPENSATION INSURANCE IN THE STATE OF DELAWARE AND ELSEWHERE AND TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AS TO A SUGGESTED TOTAL REVISION OF DELAWARE'S WORKMAN'S COMPENSATION LAW.

WHEREAS, there exists an immediate need to make a comprehensive overall review and revision of Delaware's Workman's Compensation law both to make needed revisions to that law and as part of the State's efforts to improve its business climate for economic development; and

WHEREAS, many separate and frequently conflicting revisions to this law have been attempted; and

WHEREAS, the General Assembly finds it extremely difficult to determine which revisions are necessary when they are made on a piecemeal basis and deems it more appropriate to have a total comprehensive review made by a commission of the nature of the recent medical malpractice study committee, which commission shall also recommend suggested legislation.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and House of Representatives of the 129th General Assembly of the State of Delaware with the approval of the Governor as attested by his signature appended hereto that the Delaware Workman's Compensation Commission is hereby created.

BE IT FURTHER RESOLVED that the commission shall consist of the following members: the State Insurance Commissioner, the Secretary of the Department of Labor, a representative appointed by the Industrial Accident Board and 17 other members, two to be members of the Senate appointed by the President of the Senate, two to be members of the House appointed by the Speaker or acting Speaker of the House, two to be appointed by the President of the Senate, two to be appointed by the Speaker or acting Speaker of the House and the remaining 7 to be appointed by the Governor. Of the 7 members appointed by the Governor, two shall be representatives of labor residing and working in the State of Delaware, one shall be a representative of the Delaware State Chamber of Commerce and one shall be a representative of other business interests in the State of Delaware, two shall be representatives of the insurance industry in Delaware and the three remaining members, shall be members of the public unaffiliated with any of the groups represented above.

BE IT FURTHER RESOLVED that the Governor shall also name a Chairman of the Commission who shall be one of the members of the commission. A majority of the commission members then in office shall constitute a quorum for the transaction of any business or the exercise of any power or function of the commission. An affirmative vote of the majority of the quorum present at a duly called and noticed meeting shall be required to exercise any power or function of the commission. Each member shall be entitled to one vote on all matters which come before the commission. The commission may delegate to one or more of its members such duties as it deems proper.

BE IT FURTHER RESOLVED that the Insurance Commissioner, the Secretary of the Department of Labor and the representative designated by the Industrial Accident Board may each designate a deputy or other person from their agency to exercise their power and perform their duties including the right to vote as a member of the commission.

BE IT FURTHER RESOLVED that the Commission is hereby charged with the responsibility for developing a long term comprehensive revision of Delaware's workman's compensation law which will provide prompt and equitable compensation to those injured and covered by those laws while doing so at the most reasonable cost and in the most reasonable manner possible.

BE IT FURTHER RESOLVED that the commission shall return its first report and recommendations to the Governor and to the General Assembly on or before March 1, 1979.

Approved July 11, 1978.

EXECUTIVE ORDERS