HOUSE BILL NO. 203
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKER'S COMPENSATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Title 19, Section 2301(15) by adding the following as subpart (c) to wit:
“c. Shall, however, cover any personal injury to an off-duty employee of the State of Delaware who demonstrates by a preponderance of the evidence that the injury was the result of an intentional act by a person associated with the employee in that employee’s official capacity who committed the act because of that association. It is an affirmative defense in the case of an off-duty injury that the injured employee initiated the incident that resulted in the injury.”
Approved June 28,1999