CHAPTER 218

FORMERLY

SENATE BILL NO. 122

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 23, SUBCHAPTER III, TITLE 19, DELAWARE CODE RELATING TO A REASONABLE FEE TO CLAIMANT'S ATTORNEY FOR SERVICES ON AN APPEAL.

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

Section 1. Amend §2350(f), Subchapter III, Title 19, Delaware Code by striking paragraph (f) in its entirety and substituting a new paragraph (f) to read as follows:

"(f) The Superior Court may at its discretion allow a reasonable fee to claimant's attorney for his services on an appeal from the Board to the Superior Court and from the Superior Court to the Supreme Court where the claimant's position in the hearing before the Board is affirmed on appeal. Such fee shall be taxed in the costs and become a part of the final judgement in the cause and may be recovered against the employer and the employer's insurance carrier as provided In this subchapter."

Section 2. The provisions of this Act shall apply to all appeals filed after the effective date of this bill.

Approved May 10, 1994.