CHAPTER 129

FORMERLY

SENATE BILL NO. 212

AN ACT TO AMEND CHAPTER 21, TITLE 19, DELAWARE CODE RELATING TO ATTORNEYS FEES.

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

Section 1. Amend §2127(b). Title 19, Delaware Code, by striking subsection (b) in its entirety and substituting in lieu thereof the following:

"(b) In the event an offer to settle an issue pending before the Industrial Accident Board is communicated to the claimant or his attorney in writing at least 30 days prior to the trial date established by the Board on such issue, and the offer thus communicated is equal to or greater than the amount ultimately awarded by the Board at the trial on that issue, the provisions of subsection (a) of this Section shall have no application. If multiple issues are pending for trial before the Board, said offer of settlement shall address each issue pending, and shall state explicitly whether or not the offer on each issue is severable. The written offer shall also unequivocally state whether or not it includes medical witness fees and expenses, and/or late cancellation fees relating to such medical witness fees and expenses."

Section 2. Amend §2126, Title 19. Delaware Code, by striking the words "attorneys and" us the same appears in said sentence.

Approved July 6, 1995