CHAPTER 542

FORMERLY

HOUSE BILL NO. 421

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 23, TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION.

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

Section 1. Amend §2354 of Chapter 23, Title 19 of the Delaware Code by designating the existing Section as paragraph "(a)".

Section 2. Further amend §2354 of Chapter 23, Title 19 of the Delaware Code by adding a new paragraph designated as paragraph (b) as follows:

"(b) Whenever a petition to determine benefits is pending and one of two or more employers or two or more insurance carriers shall be liable for undisputed benefits arising under §2322 or §2324 of this chapter, the employer or insurance carrier which paid benefits for the first occurrence shall pay all interim benefits arising under §2322 of this chapter and temporary total disability benefits at the lower rate which may be applicable under § 2324 of this chapter without a hearing. When the claim is resolved thereafter by agreement or by award after a hearing, the responsible party shall indemnify the payor for benefits paid."

Approved July 18, 1996